A Stratford man who was found guilty of sexually assaulting a teenage girl he didn’t know was sentenced Wednesday to two years less a day in jail.
Joseph MacGillivray, 22, appeared before Chief Judge Nancy Orr in provincial court in Charlottetown for sentencing.
It took Orr more than an hour to read her decision as she reviewed the case and submissions from the Crown and defence.
Orr said the sentence must show there are consequences for breaching the principle that “no means no”.
After a trial in October, Orr found MacGillivray guilty of sexually assaulting the victim who didn’t know him.
During the trial the court heard the victim was drunk when MacGillivray sexually assaulted her.
She was at his home drinking with other people and ended up in a dark bedroom where MacGillivray was sleeping, although she didn’t realize he was there.
MacGillivray was in bed and didn’t know who was in his room when he sexually assaulted her.
Orr said MacGillivray took no steps to determine who was in his bed.
MacGillivray testified the victim was clearly drunk and slurred her words, but he made no inquiries about whether or not she was consenting or able to consent, Orr said.
After the assault, MacGillivray and the victim exchanged messages through Facebook in which he denied what he did to her was rape.
He also apologized to her eight times.
Orr said MacGillivray’s testimony, Facebook messages and police statement showed a lack of understanding of his legal obligations when it comes to sexual activity.
She also said he was the only person responsible for the sexual assault.
In determining a sentence, Orr said sexual assault involving intercourse with the victim is a serious offence and is considered at the higher end of the spectrum.
She also said denunciation and deterrence were the primary considerations in MacGillivray’s case.
MacGillivray has been in custody 47 days after Orr issued a warrant for his arrest when he didn’t show up for the trial.
That left him with 70 days of credit for time already served.
