A White Rock man charged six years ago in connection with an August 2007 sexual assault will not spend any time in jail for the offence.
Instead, Jason Andrew Robinson will serve a conditional sentence of two years less a day, including 12 months abiding by a 10 p.m. to 6 a.m. curfew.
“Sexual assaults are serious charges,” Justice Robert Crawford said Friday in B.C. Supreme Court, after recounting details of the incident and examples of sentencing in other sex-assault cases.
Robinson, 35, pleaded guilty last June to committing the assault.
In sentencing submissions on Sept. 3 and Nov. 17, the court heard that it occurred at around 3 a.m., about four hours after the intoxicated victim had gone to bed.
The then-25-year-old woke to find her clothing had been removed and Robinson standing over her naked, “about to have sexual intercourse with her.”
When she yelled at Robinson to leave, he did, the court heard.
Crawford said that while the victim reported feeling like she had had sex, there was no physical evidence to support the assertion.
He noted that sentencing for past cases describe sex assaults on those unable to defend themselves as attacks on the “most vulnerable.”
“The factors on one side are the taking advantage of a lady who is intoxicated… the other side is the position (that) he stopped,” Crawford said.
Robinson declined to address the court.
His sentence includes 20 years on the sex-offender registry.
A second sexual assault charge, in connection with an incident on Aug. 3, 2007, was stayed.