Latest News

Winnipeg Free Press - ONLINE EDITION

Man convicted of sexual assault witnessed by victim's children

By: Mike McIntyre

Posted: 11/5/2012 4:56 PM

Manitoba’s highest court has upheld a rape conviction in a case where the victim had no idea she was attacked until her young children said they'd watched it happen.

The accused -- who can’t be named to protect the identity of the woman -- was found guilty earlier this year of break, enter commit sexual assault. He immediately filed an appeal, which was rejected Monday. However, the man was able to convince the Appeal Court his 10-year prison sentence was unfit and got it slashed down to five years.

"It is fair to say the circumstances surrounding the offence are unusual," Justice Michel Monnin wrote in a 19-page decision.

The attack happened on a Manitoba First Nations community in 2010 on the same night the victim had been drinking in her home along with several friends, including the accused. She was severely intoxicated at went to bed around 1 a.m., at which time the other guests left as well, court was told.

The woman then passed out in her room while six children, ranging in age from a newborn baby to 11 years old, slept nearby. At least two of the children were in the bed with her.

A few hours later two of the woman’s children, aged seven and 10, claim they saw the accused come into the bedroom, remove their mother’s clothing and force intercourse on her. The woman was unconscious the entire time.

"When the complainant awoke in the morning... she was told by one of the children as to what they had observed during the night. Because she had no recollection of any sexual assault, she ignored this," Monnin wrote in the decision.

However, the woman did notice her front door appeared to have been broken during the night, and her car was also missing. RCMP were contacted and interviewed the woman and her children. It was at that time the 10-year-old disclosed what he saw happen to his mother.

"There is absolutely no physical evidence of a sexual assault, or any evidence from the complainant concerning it," wrote Monnin. "The only evidence is that of the (children), so the case is entirely dependent upon their evidence."

At trial, the judge ruled both children provided credible, believable testimony and found the accused guilty based on their graphic descriptions. The accused challenged the ruling on appeal, saying their word was "too unreliable to form the basis for his conviction."

The Appeal Court disagreed, saying the judge made a careful and proper analysis in coming to his conclusion. But they did say the judge was especially harsh in handing down a decade-long sentence, saying a five-year stint behind bars is a more appropriate punishment.

The accused has been deemed a low risk to re-offend and comes from a troubled aboriginal background which the Supreme Court has repeatedly stated must be used as a mitigating factor upon sentencing.

"I consider the sentence imposed to be simply too long," said Monnin.

www.mikeoncrime.com

Fact Check

Have you found an error, or know of something we’ve missed in one of our stories? Please use the form below and let us know.

* Required

In which story did you find the error? *
Please post the headline of the story or the title of the video with the error.
What was the error? *
Please post exactly what was wrong with the story.
What should we have written?
Please indicate your source for the correct information.
Who else should we interview to improve this story?
Please include any contact information you may have.
Can we contact you in the future for advice on stories about this topic?
Yes

No
First Name: *
Last Name: *
E–mail Address: *
This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.
Phone: *
This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.
Colour:
Are you blue? If you can see this, leave it blank and get some CSS support.
Enter the words that you see: * This is to prevent our forms from being filled out automatically.
You have failed to correctly identify the words in the box above. Please try again.