‘Jail time not warranted’ in White Rock sex assault: lawyer

Defence lawyer seeks conditional sentence for client who pleaded guilty to sex assault

The lawyer for a man who pleaded guilty to sexually assaulting a woman more than seven years ago in White Rock says his client’s behaviour doesn’t warrant jail time.

Jason Andrew Robinson didn’t use violence or threaten the victim, nor was there actual intercourse, John Douglas reasoned Monday in B.C. Supreme Court, in arguing for a conditional sentence of 12 to 18 months.

As well, Robinson obeyed the victim’s order to leave, Douglas said.

“So there was no force, no violence and no threats here,” Douglas told Justice Robert Crawford.

“Once she woke up and told my client to leave, he left.”

Robinson pleaded guilty this past June to the Aug. 31, 2007 assault, nearly a year after he was ordered to stand trial.

In September, prosecutor Winston Sayson argued Robinson should spend two years in jail and 20 years on the sex-offender registry for the offence.

At that time, the court heard that the assault occurred after the 25-year-old victim went to the beach with Robinson and friends around 2 p.m., then to a pub, home for dinner and then to the Sandpiper Pub – where Robinson worked as a cook – around 7 p.m.

She headed home “quite drunk” around 11 p.m., and went to bed, Sayson said.

The assault occurred about four hours later.

Douglas acknowledged that the victim – who did not attend the Supreme Court proceedings and cannot be identified – awoke to find her clothes had been removed “and my client was standing over her naked, about to have sexual intercourse with her.”

But there is no proof of actual sex, he said.

“My client has taken the position right from the beginning that there was no sexual intercourse,” Douglas said.

He added that the victim had been “crying on my client’s shoulder” earlier in the evening, after she called her boyfriend – who was in the Maritimes – and the phone was answered by a woman.

While Sayson had argued that expert reports showed Robinson “is in a state of denial” and often points to alcohol or cocaine as a reason for why he does certain things, Douglas said his client has taken responsibility for “taking advantage of an intoxicated woman” and has changed his life in the years since.

And, he is deemed a moderate to low risk to reoffend, as long as he keeps his drug and alcohol use under control.

While conditional sentences for offences such as sexual assault were taken off the table seven years ago, Douglas said as they were an option at the time of the White Rock assault, it should still be available to Robinson.

He added that conditional sentences have been imposed in “more serious-fact situations” – including cases involving penetration or minors.

Sayson countered that the law around the presence or absence of penetration in determining sentencing “is not necessarily clear.” Sexual assault without it still has “profound effects” on a woman’s well-being, he said, naming humiliation, degradation, guilt, shame and self-blame as common characteristics among victims.

“The moral culpability is the same,” Sayson said.

Robinson is to learn his penalty Friday.

 

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Surrey Mayor Doug McCallum. (File photo)
Surrey mayor taking it on the chin during budget public hearing

So far, he’s cut five callers off during Monday’s virtual meeting

The entrance at Fleetwood Villa in Surrey. (Photo: dignified.ca)
Fleetwood Villa resident tests positive for COVID-19, leading to ‘outbreak’ at facility

Fraser Health says it’s ‘critically important’ for people in the region to use COVID-19 assessment tool

A Surrey protest now in week 12 against a local resident has frayed the nerves of neighbours fed-up with the group’s presence. (Submitted photo)
Surrey neighbourhood fed-up with strange protest

Surrey Mounties say they’re monitoring the situation

Bhupinder Hundal. (submitted photo)
Surrey’s Bhupinder Hundal hired as news director of B.C. broadcaster

Grad of Princess Margaret Secondary now managing Global station

Surrey-White Rock MLA-elect Trevor Halford and Surrey South MLA-elect Stephanie Cadieux have each been given a portfolio as an Opposition critic. (Contributed photos)
BC Liberals give Halford, Cadieux critic responsibilities

Surrey South and Surrey-White Rock MLAs to help keep eye on majority NDP government

A B.C. Ambulance Service paramedic wearing a face mask to curb the spread of COVID-19 moves a stretcher outside an ambulance at Royal Columbia Hospital, in New Westminster, B.C., on Sunday, November 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest weekend of COVID-19 pandemic with 46 deaths; more than 2,300 cases

Provincial health officer Dr. Bonnie Henry provides COVID-19 update

Fossil finds at Mt. Stephen. (Photo: Sarah Fuller/Parks Canada)
Extreme hiking, time travel and science converge in the Burgess Shale

Climb high in the alpine and trace your family tree back millions of years – to our ocean ancestors

Menno Place. (Google Street View image.)
32 family members respond to Abbotsford care home’s plea for staffing help during COVID-19 outbreak

Menno Home asks for relief workers for food service, laundry and housekeeping

Kettle bells sit aligned in an indoor fitness studio. (PIxabay.com)
1 COVID-19 case at a B.C. fitness studio leads to 104 more infections, 6 school exposures

According to case data released by Fraser Health, one case of the novel coronavirus carries a big impact

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Vehicles drive past a display thanking essential workers in Burnaby, B.C. on Sunday, Nov. 29, 2020. THE CANADIAN PRESS/Marissa Tiel
B.C. changing COVID-19 case reporting as virus spread continues

Manual counting takes more time, leads to errors

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Mask fundraiser helps make children’s wishes come true

From Black Press Media + BraveFace – adult, youth and kid masks support Make-A-Wish Foundation

Christy Jordan-Fenton is the co-author of the book Fatty Legs, which has been mentioned amid the controversy of an Abbotsford school assignment on residential schools.
Co-author of residential schools book condemns controversial Abbotsford class assignment

Children’s book mentioned amid controversy at W. A. Fraser Middle School

Kootenay East MLA Tom Shypitka takes over as energy and mines critic for the B.C. Liberal opposition. Kelowna-Lake Country MLA Norm Letnick (right) moves from health critic to assistant deputy speaker. (Hansard TV)
B.C. Liberals pick critics to take on Horgan’s NDP majority

Interim leader Shirley Bond takes seniors, long-term care

Most Read