A judge in Prince George provincial court reserved decision Monday, March 10 in the sentencing of a man who pleaded guilty to sexual assault of a woman with which he had a relationship.
The identities of both parties are protected by a publication ban.
Crown prosecutor Gregory Furmaniuk asked Judge Judith Doulis to sentence the man to two years less a day in jail, plus three years probation. Conditions would include registration as a sex offender and a ban on firearms possession.
Defence lawyer David Hopkins asked for 12-to-18 months to be served in the community on a conditional sentence order.
The court heard that the victim and the accused were together on Oct. 2, 2021. He stayed over at her residence and, the next morning, they engaged in foreplay. She asked the man if he had a condom. When he said he did not, she put on her pants.
“I can't do this because we don't have a condom,” she said.
They resumed intimacy, the accused took off her pants and eventually penetrated her without her consent.
She reported the incident to Prince George RCMP on Oct. 13, 2021. Police arrested the accused on Oct. 29, 2021 and he gave a statement that included a confession.
Furmaniuk said that at no point did she consent to intercourse, but the accused “was aware of the lack of consent and proceeded. Nevertheless, he did then apologize and confess to police and eventually plead guilty.”
Furmaniuk said the accused was a first-time offender, but has suffered alcoholism and abuse. Those personal circumstances and his family history should be taken into account as mitigating factors.
Hopkins said his client now fully understands what he did was unacceptable.
“I am deeply, very sorry for my actions,” the man told Doulis. “I am not the same person I am back then, I was fairly lost. I’m trying to be a better person for my daughter and for my family.”
