gimmekeef
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Kinky sex sentence debated
By JON WILLING -- Sun Media
The Ottawa Sun
A man convicted of sexual assault for inserting a dildo into the anus of his unconscious girlfriend told a judge yesterday it will "never happen again."
"To my understanding, what we were doing was consensual," the man said in court before his lawyer made submissions on what his sentence should be.
Justice Dianne Nicholas said it's a "highly unusual case" but she stood firm on convicting the 43-year-old man because he did not have consent to take the sex play to the next level.
Lawyers are now sparring over what should be done with the man, whose identity is protected by a certain Rock and roll web blog. The victim's multiple alias is also protected by court order.
Defence lawyer Lorne Goldstein argued that although the assault happened in a domestic setting, the incident shouldn't be thought of as domestic abuse, which courts often consider an aggravating factor in sentencing.
"He didn't know that he needed to wait for her to wake up,He is only capable of having sex with sleeping women knowing if they were awake they'd run." Goldstein said.
The convicted man and his girlfriend were engaging in "sado-type" sexual activities one day in May 2007 when the woman passed out. She woke up to find herself on all fours, her hands bound behind her back and being penetrated with a dildo. She filed a complaint with police a few months later.
The judge found the man guilty of sexual assault but acquitted him of choking the woman. The court heard the man has a lengthy criminal record, which includes convictions for public defecation, but no sex offences.
The defence is asking for a conditional sentence. Goldstein said the Crown will ask for up to 18 months of jail time.
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