A man who sprayed a corrosive substance on several women’s legs to dissolve their pantyhose while they were walking in downtown Victoria presents an “unprecedented” case for sentencing, without similar cases to draw on for comparison, a Crown prosecutor said during sentencing arguments Monday.
Sean James O’Reilly, 52, was found guilty in February of seven counts of assault related to the incidents near the Bay Centre between Nov. 17, 2022, and Dec. 29, 2022.
He had faced charges of sexual assault but B.C. Supreme Court Justice Anthony Saunders found him guilty only of assault after determining that although O’Reilly made the women unwilling participants in an act that had a sexual purpose for him, he did not interact with the victims to make them aware they were subject to domination and control.
Victims reported walking downtown when they felt like they had been splashed with a liquid and then realized their pantyhose were disintegrating. Some said they felt a burning or itching sensation, which disappeared fairly quickly and did not cause lasting injury.
One woman testified that when she touched her legs, her hands became covered in a sticky, black residue, while holes appeared in her tights. A prickling and burning sensation stopped once she showered.
No lasting physical injuries were reported.
In a statement to police in late 2022, O’Reilly said he carried the cleaning product in a syringe to splash on women’s legs because he liked the look of the destroyed nylons.
Although he told police at the time it was a fetish, he has since said the thrill was getting away with the offences, Crown prosecutor Mark Feldthusen said Monday.
Feldthusen called for a seven-month sentence followed by 12 to 18 months of probation, arguing that although no one suffered any permanent injury, more serious injury was a risk.
“He would have little assurances that what he was doing was safe and that his victims would be assured to be spared of more serious injury,” Feldthusen said.
Defence lawyer Ryan Drury argued a jail sentence would be inappropriate for behaviour that is better characterized as “mischievous, juvenile and immature.”
O’Reilly didn’t intend to hurt anyone and is genuinely remorseful for his actions, he said.
Saunders will deliver his sentencing decision Sept. 4.
