Man gets prison for sexual assault
By Delon Shurtz - Lethbridge Herald on August 26, 2023.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com A Lethbridge man with no previous criminal record, has been sent to a federal penitentiary for his first criminal offence.The 37-year-old offender, who can’t be named to protect the identity of his female victim, pleaded guilty Friday in Lethbridge court of justice to one count of sexual assault, and was sentenced to two and a half years in prison.
“It’s a very significant offence, and I’m going to suggest (it’s) in line with all of the case law we have out there,” Crown Prosecutor Clayton Giles told court. “These are significant, serious breaches of the public’s safety…and this needs to have a strong disincentive to this behaviour either for this man or any other.”
The victim, who is prone to seizures, was a tenant living with the offender and his wife on the westside. During many of her seizures, she is aware of what is happening around her and able to open her eyes.
On Dec. 24, 2021, the woman suffered a seizure while she and the man were in the basement watching TV and building with Lego. The man moved the woman into her bedroom, placed her on her bed and began touching her private areas before penetrating her vagina with his fingers.
The offender confessed to the assault during a recorded counselling session in June 2022 when a psychologist began discussing boundaries being pushed by the man. The man said there was “a moment” when he believed he pushed the boundaries, and several minutes later the woman said he had assaulted her a couple of times.
When she asked why he did it, he said, “I honestly can’t explain what drove me there, I would give you an answer if I had one.”
Giles suggested the offender may have thought the woman would not remember the assault after her seizure.
“He certainly did take advantage of her incapacity, and likely hoping that that incapacity related also to her memory.”
Lethbridge lawyer Scott Hadford, who jointly recommended with the Crown for a 30-month prison sentence, pointed out the assault only occurred the one time, and his client is prepared to take responsibility for his actions.
Hadford said the man has participated in counselling since July of 2022, continues to take counselling, and will receive counselling while he is in prison.
In addition to his prison sentence, the offender must provide a sample of his DNA for the National DNA Data Bank, and he must register with the Sex Offender Information Registry for 20 years. Follow @DShurtzHerald on Twitter 4
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