CHARLOTTETOWN, P.E.I. — A Pleasant Valley dairy farmer who was found guilty of sexually assaulting a woman while he was alone with her in his kitchen will be back in court Friday to hear his sentence.
Elmer Franklin Weeks, 68, appeared before Chief Judge Nancy Orr in provincial court in Charlottetown Wednesday where he was scheduled to be sentenced on one count of sexual assault.
After submissions from the Crown and defence, Orr adjourned the matter until Friday.
Orr found Weeks guilty in August after a trial that heard the victim testify she was alone with the accused at Weeksdale Holsteins farm when he assaulted her.
The victim testified Weeks touched several parts of her body, including her thighs and breast, as well as her vaginal area through her pants.
She also told the court Weeks tried to make her touch him and he asked if she wanted to go to the bedroom with him.
During the trial, several witnesses testified the victim told them about the sexual assault soon after it happened.
The court also heard evidence the victim went to the hospital about a week after the assault and was diagnosed with a severe pulled muscle that she said Weeks caused by pulling her arm back.
Weeks didn’t take the stand during the trial.
Serious violation
During the submissions Wednesday, Crown attorney Nathan Beck told the court he would characterize the facts in the case as a serious violation of the victim’s sexual integrity.
Although Weeks’ actions didn’t involve penetration, they were not at the low end and they involved force, as was shown by the victim’s injury, Beck said.
In his submissions, Beck said a victim impact statement described the negative impact the sexual assault had on the woman physically and emotionally.
Beck also said Weeks continues to deny his guilt and has shown no acceptance of responsibility.
As defence lawyer Derek Bondt made his submissions, he told the court Weeks was a well-respected farmer who gave back to the community, including through work with the 4-H program.
Bondt said the Weeks family also took in students who wanted to learn from the farming community.
The victim was in court with a group of about five supporters for Wednesday’s proceedings and at one point during Bondt’s submissions she could be heard crying from her seat in the public gallery.
Bondt told the court one of Weeks’ daughter said the accused had the full support of his family and friends.
Many of those supporters were in the courtroom Wednesday, and some wrote letters of support, including one that talked about Weeks having an upstanding reputation.
The court heard Weeks runs the dairy farm with his son, and Bondt said the accused is integral to its continued operation.
While the Crown sought a sentence in the range of three to six months, Bondt argued a longer conditional sentence served in the community would meet the principals of denunciation and deterrence.
He argued for a shorter sentence of 30 to 60 days in jail if Orr determines a conditional sentence isn’t appropriate.
A publication ban prevents the release of any details that could identify the victim.
