Man jailed for sexual assault
A 30-year-old Pembroke man was sentenced to six years in prison yesterday in the Supreme Court after he was found guilty of sexually assaulting a young woman while her toddler slept in the same room.
The man, who cannot be named for legal reasons, was sentenced to five years in prison for sexual assault and one year in prison for trespassing. He pleaded not guilty to the offence earlier this year.
In July, a Supreme Court jury heard that on November 14, 2005 the man entered a residence and began to have sex with a young woman while she slept, with her three-year-old daughter sleeping beside her. When she awoke she pushed him off and began yelling at him. The man put on his clothes and left.
The victim had earlier stated that the defendant was a resident of her neighbourhood, but she had never been intimate with him.
?I don?t know the man like this,? she said. ?He?s not my company.?
The man, who represented himself, alleged that the sex was consensual, and the woman only ?freaked out? when her daughter began to wake up.
At the man?s sentencing yesterday, Crown counsel Paula Tyndale told Chief Justice Richard Ground: ?A woman?s body is her temple and she alone determines if any man has sex with her.?
Ms Tyndale also said the defendant had neither taken responsibility for his actions nor shown any remorse.
?The fact that this was committed through trespassing in her bedroom while she was asleep at night in bed should be taken into account,? Ms Tyndale said.
She asked for a maximum sentence of at least five to six years for the sexual assault and 12 months for trespassing.
The Pembroke defendant told the court, ?I am sorry that this ever happened. I have a baby daughter. I would have liked to be there for her. I hope you take my time into consideration.?
Chief Justice Ground told the defendant before sentencing: ?You have been found guilty of what is essentially rape. The jury disbelieved your story about it being consensual. This is a serious offence. There are no mitigating factors that can be taken into account in your favour.
?You were on probation. However, you did not use violence and entered the house without actually smashing anything, or breaking and entering in the usual way. When she objected you did get off her and leave.?
He sentenced the man, but took into account time already spent in prison.
