N.S. man jailed for sexually assaulting drunk, sleeping woman

The 39-year-old man has been sentenced to two years in prison, followed by three years of probation. File/ Global News

A man who sexually assaulted a sleeping, intoxicated stranger during a Nova Scotia cabin party has been sentenced to two years in prison.

Nova Scotia Supreme Court Justice Nick Scaravelli says the man violated the victim when she was in a vulnerable state and unable to consent.

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Citing deterrence, Scaravelli sentenced the 39-year-old man to two years in prison, followed by three years of probation.

The man and the victim, whose identity is protected by a publication ban, were strangers at the time of the 2014 incident during a cabin party in the Pictou County, N.S., community of Garden of Eden.

The victim told the court she was too intoxicated to remember much of the night, but the next morning she had a flashback of the assault when she felt pain in her rectum while riding an all-terrain vehicle.

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The man testified that the victim was sober enough to consent, and the pair had consensual sex.

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In delivering his verdict, Scaravelli said while he was not satisfied beyond a reasonable doubt that the victim was too drunk to consent, he accepted her evidence that she was asleep or unconscious at the time of the assault and did not consent to sex.

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