The student said being on sex offender registry would keep him from being able to participate in coaching and teaching in future and judge agreed
A Red Deer College student and volleyball player has been sentenced to two years in prison for a sexual assault that occurred in the fall of 2021 when they were both students at Red Deer Polytechnic.
The man, who is now 20 and was 18 at the time of the offence, was sentenced by Justice Eleanor J. Funk in Red Deer court on Jan. 8. He was found guilty on April 20, 2023.
“I am satisfied that a penitentiary sentence is appropriate,” said Justice Funk.
There is a ban on publishing the man’s name. There is also a ban on publishing the name of the victim and of the witnesses.
Crown Davin Mitchell argued for a three to five-year prison sentence while defence Richard Muenz had asked the court for a conditional sentence to be served in the community, followed by probation.
The woman who was raped was 20 20 at the time and in her third year of college.
The man, who the court called CRN, and the woman were casual acquaintances, court heard.
On the date of the offence, they attended back-to-back college basketball games, at which the woman and her step-sister became quite intoxicated. CRN wasn’t drinking and he was the designated driver.
CRN drove the sisters to a local pub, where he also joined the group of friends inside. Almost immediately, the woman was cut off from alcohol service, due to her level of intoxication.
After leaving the pub, CRN drove the sisters to a house party, where he also joined them inside. At the party, the woman and her stepsister continued drinking. They were both heavily intoxicated.
Sometime around 3 a.m., CRN drove her to her friend’s house, where she planned to spend the night. CRN followed her into the house, and down to the basement, where she would be sleeping. She said she wasn’t bothered by CRN’s presence there, she was drunk and tired, and just wanted to sleep.
CRN laid down in the bed beside her. He kissed her; touched her chest, under her clothes, and touched her vagina. CRN had oral and unprotected vaginal sex with her. She testified that she didn’t consented and repeatedly asked CRN to stop. CRN said that he asked her three times if she was OK or wanted to keep going. Having received no verbal consent, CRN said that he was “letting her body language decide.” To the police, CRN said that at some point, she “didn’t seem so into it.” He asked if she was okay and “when she didn’t say ‘no’, [he] kept going.”
“I found CRN was negligent in not taking further steps to ascertain the Complainant’s consent when she did not verbally respond to his questions,” said Justice Funk. “In convicting him, I found his negligence turned to recklessness when CRN was put on notice that the Complainant ‘didn’t seem so into it’ and continued with his sexual advances.”
Throughout his life, CRN has been involved in athletics, both as a participant and as a coach. He wants to continue to pursue these activities and is concerned that being on a sexual offender registry would keep him from being able to participate in coaching and teaching, an impact he submits is grossly disproportionate to society’s interest as achieved through the imposition of a SOIRA order. The judge agreed and didn’t order an SOIRA.
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