Violent Sexual Assault on a minor Calgary

CC: s.271 – Sexual Assault, s.151 – Sexually Touching a Minor, s.266 – Assault

My 18 year-old client was living with his mother’s best friend’s family in Calgary.  One night, while the parents were out, my client was playing video games with their 14 year-old daughter in her bedroom.  My client consumed a great deal of alcohol, smoked a lot of marijuana and was extremely intoxicated.  He then began forcing himself onto her sexually.  She tried to fight him off, but he became increasingly forceful and violent.  He threw her into a wall and punched her in the face.  She tried to leave the house, but he pulled her back into the bedroom by her hair.  He pushed her onto the bed, aggressively pulled off her shorts and began licking her vagina.  She continued to fight him and try to push him away.  He grabbed her wrists, pinned her down with his weight, kissed her neck, ears and face, and forced his penis inside of her.  She suffered bruising to her neck, head, face and legs as well as a vaginal tear.

My client instructed me not to run a defence of advanced intoxication, to the point of automatism, despite him having absolutely no memory of the incident.  On the day of trial, he instructed me to accept the Crown’s resolution proposal of 3 years incarceration.  Had he been found guilty after trial, he would most likely have been sentenced to 5 years.