A former pastor has been handed a three-month conditional sentence followed by 18 months of probation after being convicted of sexually assaulting a member of his congregation almost eight years ago.
Victoria provincial court Judge Ted Gouge wrote in his reasons for sentence that at the time of the offence, in May 2015, Jason Zerbin was 28 and his victim was 18. They became acquainted when she was 16 or 17 and he was a pastor at the church. When his role as pastor ended, Zerbin continued to see the teen socially.
The sexual assault took place on a group outing with other church members at a beach picnic where wine was served. During the evening, Zerbin lay down under a blanket with the young woman, whose identity is protected by a publication ban. He put his hand on her hip, then down the front of her pants, touching her through her clothes. She rolled away from him and he stopped touching her immediately.
In August, Zerbin sent an email to the teen and her parents, apologizing for his actions.
“… I am deeply and truly sorry … I have felt a depth of embarrassment, shame and remorse over the actions and the hurt that it caused you …,” he wrote.
Zerbin, now 35, presented 15 letters of support from friends and family, all of whom describe him as a man of good character, noted Gouge. Zerbin grew up in a fundamentalist Christian family and was subjected to physical discipline in his early years. He attended bible college and later earned a master’s degree in global leadership.
A forensic psychiatric report assessed Zerbin to be at relatively low risk of sexual re-offending. However, the report suggested a routine need for treatment.
Zerbin has been seeing a counsellor since April 2021, noted Gouge. The counsellor found that in 2015, Zerbin was immature for his age but has since “made strides in his self-regulation during a time of such stress and uncertainty.”
The young woman grew up in a Christian household in northern B.C., said Gouge. She moved to Victoria and joined the church where Zerbin was the music pastor and director. She often went to his home for music and social gatherings and sometimes stayed overnight with him and his wife.
She used to joke that she was their adopted child and they were like her Victoria parents. She ate at their home, did homework and watched TV there, said Gouge. After the sexual assault, the teen left the church and lost her faith, her friends and her “entire community.”
In her victim impact statement, the young woman wrote that the incident had a much bigger impact on her life than she was aware of at the time. She began to experience anxiety and depression and thoughts of suicide. She wrote that she has trouble getting out of bed or being motivated to do anything.
In crafting a sentence, Gouge relied on the recent Supreme Court of Canada decision R. v. Friesen, which mandates a new approach to sentencing in sexual assault cases, one that considers the “actual harm” that a specific victim has experienced in determining the gravity of the offence. Gouge added that sexual assaults often cause serious psychological harm, even when the physical act that constitutes the assault is less intrusive, as in this case.
Although the defence suggested it was mitigating that Zerbin was intoxicated, the judge noted that Zerbin went to a party with an 18-year-old girl and shared alcohol with her. Zerbin knew the teen well and knew that she looked up to him as a “guiding figure.”
The judge found it aggravating that Zerbin was in a position of trust. He met the girl when she was living far from home without her parents. He was a pastor and referred to her as his “adopted daughter,” said Gouge.
He ordered Zerbin to provide a sample of his DNA to the authorities. During his conditional sentence, Zerbin must obey a curfew from 7 p.m. to 6 a.m. and remain at home during those hours. He is not to consume any intoxicating substances and must complete any counselling as directed by his conditional sentence supervisor. He is not to have any contact with the young woman.
Zerbin must also take counselling while he is on probation.
