A former school teacher and church volunteer has been jailed for one year after spending a year grooming a young teenage boy for sex.
Bernard Michael Macht was sentenced at Richmond Provincial Court on Monday morning.
Former teacher, church and kids’ charity volunteer Bernard Macht pleaded guilty to sexually assaulting a boy in his early teens over the course of a year. Photo via Linkedin.
As the sentence was passed, the victim’s mother – who sat shaking throughout the proceedings - clapped, held her head in her hands and looked to the ceiling while thanking God.
Macht previously pleaded guilty to sexually assaulting the boy between Jan. 1, 2017 and Feb. 1, 2018, in Richmond by inviting the child into sexual contact with him on numerous occasions.
Macht, who was 54 at the time of the offence, preyed on the boy for about a year, after befriending his family and gaining their trust through a community organization.
Despite his repeated attempts to engage in sexual acts with the boy - at the swimming pool, at Macht’s house, in his car and on road trips - his victim continually refused, before he finally alerted his mom to Macht’s advances.
The court also heard Monday morning how Macht had lost his teaching license in 1996 after allegedly engaging in an inappropriate relationship with a student, which involved showing the child obscene material, including masturbation and child molestation.
Before jailing Macht, Judge Jennifer Oulton took issue with assertions in Macht’s pre-sentence report that his previous “repressed homosexuality” had led him to be sexually attracted to young boys.
Macht had suggested that, now he is openly gay, his attraction to male youths would diminish.
“I have difficulty with this, I don’t see the connection,” said Judge Oulton, while passing sentence, the minimum being 90 days and the maximum two years.
“Repressed homosexuality and attraction to youth boys are not connected…I draw a bright line here.
“It has now happened twice and needs to be addressed.”
Oulton said there was a need in this case for “denunciation and deterrence,” given Macht “abused a position of trust.”
“This involved planning and deliberation and systematic manipulation over an extended period of time,” Oulton added.
“(Macht) persisted in the face of clear discomfort and refusals (from the victim) and asked him to keep it a secret.
“There was extensive grooming and attempts to normalize (the offending behaviour) and he lost his teaching job for behaviour in this spectrum.”
Oulton said Macht “used his good standing in the community” to gain the trust of his victim and his mother, whose “defences were down” due to Macht’s connection with St. Vincent De Paul in Vancouver.
She said Macht “lacks understanding of the offence and minimized it by making reference to his repressed homosexuality and an attraction to youth.
Oulton said she took into account the fact that Macht pleaded guilty from the outset, has taken counselling and has offered to financially recompense the victim and his family.
However, she said Macht was an “intelligent man” whose conduct was “predatory” and that he was regarded by his victim as a “father figure.”
As such, Oulton said a message “must go out to those tempted to engage” in such acts.
As well as his one-year jail term, Macht was sentenced to three years’ probation on his release, during which he will not be allowed within 100 metres of a school or swimming pool or allow himself to come into direct contact with persons under the age of 16.
He is also banned from possessing pornographic material and was ordered to provide DNA samples for the sex offenders’ registry.
The court heard last month how married father-of-two Macht got into the boy’s life by picking him up from school, taking him swimming and on road trips.
Macht even arranged for the boy to stay overnight at his house in Richmond.
All the time, the teenager and his mom thought Macht, who provided the family with cellphones, just wanted to help them out and even described him as a “confidant” and “general nice guy.”
But it was behind closed doors and when he was alone with the boy that Macht’s true intentions became apparent.
Crown counsel Michelle Peacock told the court previously how the young teen considered Macht, now a software sales director, a “father-figure” in his life.
But, according to the Crown, in all the time Macht knew the boy and his family, he didn’t once introduce the child to his wife, telling the kid that they needed “to keep our relationship secret.”
On several occasions, Macht “made lewd comments” and, while at the swimming pool, got undressed in front of the boy and complimented him on his physique, suggesting he undress also.
According to Peacock, Macht repeatedly offered to buy the kid Speedos (tight swimming costume) and also suggested going skinny-dipping.
Each and every time, however, the teenager refused Macht’s suggestions and advances.
On one night at Macht’s house, the court heard how the boy was staying over and Macht came to his bed naked and told a story about how his uncle sexually abused him as a child while in the shower.
Describing the incident to the boy, Macht suggested they go to the shower, also. Again, the boy refused.
“(Macht) became more and more explicit in his language and his requests to perform sex acts on the boy. The boy repeatedly refused the requests,” said Peacock.
The boy’s mother sobbed in court as she listened to the abuse of her son being detailed.
Other incidents over the year included Macht groping the boy in a lake, rubbing himself against the boy while naked in his house and telling him to delete the texts from him and not to tell his mom.
In January, 2018, the court heard how the boy sent a text to his mom from his bedroom, saying he had something to tell her. The next morning, he and his mom went to the police.
He told the police that he had conflicting feelings as his family depended on Macht and “sometimes, he wouldn’t say anything and I thought maybe he had changed. But then he would just come out with stuff…I kept hoping he would change…I thought it was maybe a phase he was going through…his neighbours seemed to really respect him.”
The court also heard, through Macht’s lawyer, David Tarnow, how his client had a decorated past as a volunteer at church and in a number of children’s charities and organizations, such as: St. Vincent De Paul in Vancouver; St. Joseph the Worker in Richmond; Big Brothers and SOS Children’s Village.
However, all of the aforementioned institutions and organizations denied having Macht on their registry of volunteers.
According to one of Macht’s character witnesses, he also used to work at a private boarding school, caring for children and flew to the UK, on his own vacation time, to look after his young nephews.
While reading her emotionally-charged victim impact statement in court, the boy’s mother told how her family is “haunted and disgusted by this.”
She told how her son was “acting out” at school, being aggressive for no apparent reason and was skipping classes.
“I talked to Bernie for advice; he suggested it was bullying. I thought the trips with Bernie would help him,” she said, while fighting back tears.
“I didn’t know (Macht) was hiding my son from his wife. I feel betrayed on the deepest level. He abused my trust in the most disgusting and deceitful way. I’m grateful my son had the courage to speak up, otherwise, I’ve no doubt he would have continued this abuse.
“This was not an isolated moment, this was abuse over an extended period of time while in a position of complete trust. I would question children’s safety when this man is around. This man robbed my son of a year of his life.”
Referring to Macht’s pre-sentence background report, Peacock said Macht had told doctors he blamed his actions, in part, on his “previously repressed homosexuality” and that, now he’s openly gay, his danger to re-offend is reduced.
“Going after boys was safer for me, but not for the youth, of course,” Macht said to one doctor.
However, the same doctor said in the report that Macht “still needs to come to terms with his sexual arousal from young males.”
Peacock added that the Crown’s concern centred around the fact that Macht’s “grooming” was “protracted and calculated” and that he “took steps to insert himself into their lives when he knew they were vulnerable.
In Macht's defence, Peacock told how he had no criminal record, pleaded guilty early, negating the need for a trial and has shown willingness to seek treatment.
Macht’s lawyer, Tarnow, told the court of Macht and his family’s “deep regret, guilt and shock from his family for what has occurred.
“This is an outstanding individual who made a grave error. As soon as he was arrested, he said he wished to seek help and told me he wished to plead guilty at the earliest possible stage.
“He continues to receive strong support from his separated wife, friends, children and people in the community.”
Tarnow told how after Macht lost his teaching job in 1996, he made a career in software sales that are now global.
“There are 70 people in the company. If he was to be jailed for more than 90 days, he will lose his position,” said Tarnow.
While summarizing Macht’s numerous character references, Tarnow selected comments from his client’s supporters such as his abuse being a “terrible mistake…during a weak moment in his life.”
Tarnow previously asked the court to impose the minimum 90-day sentence on Macht, citing his client’s need to provide for his estranged wife and adult daughter.
A spokesperson for St. Vincent De Paul in Vancouver – where Macht had connections - said previously that the church deeply regretted the trauma suffered by the victim and his family and described Macht as "despicable."
However, "according to the information gathered to date, it does not appear that Mr. Macht formally volunteered with the church," the spokesperson added.
"…As a matter of policy, anyone who works at our various charitable endeavours is required to have a criminal background check and proper volunteer training."
The BC Teachers Council, which oversees teacher discipline, said Macht had his teaching certificate cancelled for “disciplinary reasons” in 1996 by the now defunct BC Teacher’s College for disciplinary reasons.
