A Nanaimo man who sexually assaulted a girl who had passed out was sentenced to one year in jail earlier this month in B.C. Supreme Court.
The sentencing happened in Nanaimo court on June 9 and the decision was published a week and a half later.
Wesley Wayne Webber, 23, was convicted last fall of the sexual assault of a 17-year-old girl when he was 21.
The two were drinking with others in a public place and the victim passed out or fell asleep and awoke to find that her pants and underwear had been pulled down and Webber was digitally penetrating her.
He admitted to police that he had touched the victim sexually, but according to a pre-sentence report, he was intoxicated and didn’t remember what happened. Judge Jennifer Duncan said Webber’s developmental disability and “lack of maturity” for his age were factors in her sentencing decision.
“I am satisfied that he is sorry about what happened and has some understanding of how much of an impact the offence and the court proceedings have had on [the victim],” said Duncan.
However, she added that “he has not changed his behaviour or tried to rehabilitate himself since his conviction, as he continues to binge drink.”
Meanwhile, the judge noted that the victim remains afraid to be in public alone, “has breakdowns” when she passes the area where the crime happened, and has experienced anxiety, nightmares and difficulty sleeping.
The Crown had sought a sentence of 24-30 months, while the defence had asked for 90 days.