A local woman says she's worried for her life as her ex-fiance is trying to get a new trial after he was sentenced to jail last month for allegedly sexually assaulting her while she was in the psychiatric ward at University Hospital of Northern B.C.
The man, who cannot be named under a court-ordered publication ban against information that could identify the alleged victim, is also seeking to be released while his case is appealed to the B.C. Supreme Court.
"It's not a matter of if, it's a matter of when he kills me," she said during an interview Thursday at the Prince George courthouse following a brief hearing in the matter. "I just want people to know I stood up to him."
In late September, the man was sentenced to 18 months in jail followed by three years probation after pleading guilty to one count of sexual assault. In issuing the sentence, Prince George provincial court judge Shannon Keyes reluctantly agreed to a joint submission from Crown and defence counsels.
She said 2 1/2 years in jail would have been more appropriate. But in exchange for pleading guilty to the charge, the offence was treated as a summary conviction, and so subject to a lighter sentence than if it continued as an indictable offence.
Although the man pleaded guilty, he is now seeking to overturn the conviction. His appeal is based in part on whether the legal definition of consent was met.
Despite pleading guilty, the man continued to claim during an interview for a pre-sentence report that the sex was consensual. Keyes found that irrelevant given the victim was in the psychiatric ward and so in no condition to give consent.
The woman had been admitted into the psychiatric ward for depression as a result of abuse she had been suffering at the hands of the man, the court had heard during the sentencing hearing.
If he is released while the case goes through the appeal process, the woman said she would like to see him barred from Prince George as a condition but she doubts that would do much to deter him from trying to intimidate her.
During the hearing last month, he was also sentenced to 30 days in jail for breach of an undertaking.
"He has a history of defying court orders, he was convicted of the breach and he does what he wants," the woman said.
During the hearing Thursday, two other women who said they've also been abused by the man sat beside her as did her parents. The man's family sat on the other side of the courtroom.
Court records show he has a convictions for assault and mischief $5,000 or under for which he was sentenced to one year probation in June 2015. He had also been convicted of another count of assault for which he received a conditional discharge, the court heard during the sentencing hearing.
The matter was adjourned to Monday and the man will remain in custody over the weekend for the time being at least.
"I'm definitely worried for my safety and the safety of all women, his current girlfriend even," the woman said.
