Andrew W. Brown had just moved to Gravelbourg from Rockglen and was moving into his new home with the help of a female acquaintance when he suddenly became touchy-feely with her.
The two had finished unpacking for the day and were preparing for bed on the night of June 15, 2022, with the woman taking a shower beforehand, Crown prosecutor Monique Paquin said in Moose Jaw Provincial Court on Oct. 5 while reading the facts.
The woman came out of the bathroom wearing pyjamas and found Brown already in bed; it was the only mattress in the home because there was no other furniture. She thought he was asleep and lay down; however, he rolled over toward her.
“She initially thought that he was trying to grab more blankets, but he got more closer,” said Paquin, noting Brown eventually groped her.
The Crown prosecutor then submitted the woman’s victim impact statement, pointing out the incident had “quite a profound impact” on her. However, because Brown entered a guilty plea, she did not have to testify at a scheduled trial in King’s Bench.
Brown pleaded guilty to sexual assault during his appearance. As part of a joint submission, the Gravelbourg man received a nine-month conditional sentence order (CSO) — house arrest — and nine months of probation afterward.
Some conditions of his CSO included maintaining a curfew from 9 p.m. to 6 a.m., not consuming or possessing alcohol or drugs or being in a place that sells such items, giving a breath or urine sample when requested, taking assessments for sex offending, taking personal programming as directed and not have any contact or be near the woman.
His probation conditions are similar, except he does not have to keep a curfew. Also, he must provide a DNA sample and join the federal sex offender registry for 10 years.
Even though this incident is considered “a minor sexual assault,” it is still a serious personal injury for the woman, added Paquin. Further, while Brown has a “very dated criminal record” from 1991, the Crown believes the CSO and probation act as sufficient denunciation and deterrence.
Brown’s defence lawyer said there were no addiction or alcohol issues involved in this offence. However, he still regretted the interaction and how it affected the woman and wanted to put it behind him so he could continue to be a “productive member of society.”
Judge Brian Hendrickson accepted the joint submission and reminded Brown that if he disobeyed his CSO, he would serve the remainder of it behind bars.
The judge also referred to the victim impact statement and said the woman was articulate in expressing how the event affected her psychologically.
“She said, ‘I trusted the person who sought to take my body as his own. That sense of security I may never get back,’” Hendrickson read. “This incident can have a huge impact on her as she goes through life. Hopefully, that sense of security will return.”
The judge then added that Brown must pay the victim surcharge of $100.
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