Sex assault at party should bring 2-3 year sentence, says Crown

Joseph MacGillvray should spend two to three years in prison for sexually assaulting a girl at a party last year, says Crown prosecutor Valerie Moore.

Moore delivered her sentencing recommendation in P.E.I. Supreme Court Friday. MacGillvray was found guilty of the assault on Oct. 13.

At the October trial, the court heard the 16-year-old victim went to a party in July 2016 at MacGillray's home in Stratford. She had been drinking, and grew tired and wanted to rest. She was sent into a dark room where it turned out MacGillvray, who was 21 years old at the time, was already in the bed.

When the victim came into the room, he forcibly had sex with her.

She made a complaint to police this March.

Treated unfairly, says accused

Moore said the crime was exacerbated by the facts that the victim was only 16 and intoxicated at the time.

When he was arrested in June MacGillvray told police it was dark in the room and he couldn't see her. He admitted to police having intercourse with her, and acknowledged she did not want to have sex.

But in the pre-sentence report, MacGillvray said the victim lied on the stand and portrayed him unfairly, and said he had been treated unfairly.

MacGillvray also read out a statement to the court during Friday's sentencing hearing.

"I never wanted to hurt anyone. This is emotional for everyone, especially me," he said.

He said he intends to quit his bad habits, and be closer to his faith in Jesus and God.

Defence asks for time in provincial jail

Defence attorney Yolande Murphy argued the Crown sentencing recommendation was too harsh.

Murphy noted MacGillvray was not in a position of trust, the two are close in age, and the crime was not pre-meditated.

She asked for a sentence in the provincial range, under two years, in order to allow for addictions counselling for his chronic use of marijuana.

The sentencing hearing was adjourned to Nov. 29 to give Judge Nancy Orrtime to consider the sentence.

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