An Indian national living in Kelowna who was found guilty of sexual assault earlier this month could be deported after serving his sentence.
On Thursday, a man who can’t be named due to a publication ban protecting information that could identify the complainant, was sentenced to four months served conditionally in the community followed by two years of probation.
The first two months of his sentence will be served on conditions which amount to house arrest while the latter two will impose a curfew between 11 p.m. and 6 a.m.
The lengthy probation was imposed by the judge in part to allow the man to finish his schooling in Canada before possible deportation.
“My understanding is if he’s subject to any kind of a supervision order — including probation — that the deportation wouldn’t occur until that’s completed,” said the judge.
The Crown went over its details of the case, in which the man invited the complainant over under the pretense of helping her find living accommodations.
According to the Crown, he then invited the complainant to watch a movie with him in his bedroom, where he began forcibly kissing and groping the complainant against her will.
“In these circumstances, the victim had some trust in attending [the defendant’s] residence,” said the Crown prosecutor.
“Trust that he was intending just to help her; trust that he would not attempt to sexually assault her. [The complainant] put herself in a vulnerable position because of this trust.”
The Crown prosecutor asked for a sentence between 6 and 9 months of house arrest followed by 18 months of probation.
Defence counsel argued that the offence did not occur as described by Crown and asked for a conditional discharge.
Conditions on the sentence include the man must have no contact with the complainant, he must not attend her residence or workplace and he must immediately leave her presence if he sees her in public.