The Crown says a former Calgary Stampeders player who filmed a sexual encounter with a woman without her permission should receive a suspended sentence and a criminal record.
Jerome Messam, 37, who pleaded guilty earlier this year to a charge of voyeurism, is undergoing a sentencing hearing in Calgary.
Court heard Messam and the woman followed each other on social media while he was a running back for the Canadian Football League team.
On Nov. 11, 2016, they had dinner together and then had consensual sex at Messam’s apartment.
Three months later, Messam sent the woman four 10-second video clips of their sexual encounter on the social media platform Snapchat, which deletes videos after they are played.
In her sentencing argument Thursday, prosecutor Janice Walsh said jail time is not appropriate, but the court needs to send a message this type of behaviour isn’t acceptable.
Walsh said a suspended sentence of 18 to 24 months, probation and a criminal record would be appropriate.
“I’m not asking the court to consider that Mr. Messam’s fact pattern is near the far end of the spectrum, but nor is it a mere observation and nor is it at the conditional discharge end of the spectrum,” Walsh said.
“This falls somewhere in that middle range of sentences, which requires a criminal conviction but does not require the punishment of jail, either in the community or actual jail.”
Walsh rejected suggestions that the media attention that Messam received after he was charged and the loss of his CFL career should be a factor in the eventual sentence.
“The CFL has its own conduct policy. The CFL has exercised their discretion,” Walsh said.
“With regard to the media attention, it is inevitable and inextricably linked with the profile of Mr. Messam and his previous position as a member of a professional football team.”
David Nguyen, Messam’s lawyer, is asking for a conditional discharge, which would spare him a criminal record.
“This case involves only two parties, that is the complainant and Mr. Messam,” Nguyen said. “In respect to the subject matter, there was no distribution, there was deletion of the files and there was no attempt to capitalize or extort or use for financial gain.”
Nguyen said Messam has no previous criminal record and the attention he received is already a deterrence. He said his client works with young children, their parents and other adults providing physical training.
“Right now he’s operating without a criminal record and working without a criminal record,” he said.
“This court should consider what the effect of a criminal record would have on his future employment, and providing for himself and for his family.”
The woman made a formal complaint to police and the Canadian Football League in April 2018. Messam had his contract with the Saskatchewan Roughriders terminated after he was charged in July 2019.
In a tearful victim impact statement last month, she said she had considered ending her own life, suffers from post-traumatic stress disorder and has moved away from Calgary.
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