Cranbrook's Matthew Buxton was sentenced to four years but will spend 3.5 years behind bars to account for time served.
Madame Justice Murray delivered her final ruling in Cranbrook BC Supreme Court Thursday morning.
Before this, though, she went over several of the risk factors that went into her decision.
- Buxton suffers from a genetic cognitive disability known as Lujan-Fryns syndrome
- Murray says this essentially gives Buxton the "mentality of a 13-year-old" where he struggles with immaturity, instability, and aggression
- Buxton continues to struggle with alcohol addiction
- Buxton has an extensive criminal record, which includes a prior sexual assault conviction in 2011 where the events played out similarly to this incident
- Buxton has already been part of numerous rehabilitation programs
- The levels of violence shown by Buxton during the sexual assault was "alarming"
- There was an element of confinement where the victim was physically unable to leave the room
- Both the victim and her long-time boyfriend have suffered mentally and financially in the time since the incident
- The person conducting Buxton's psychiatric assessment believes that he is a "very high risk to re-offend".
Due to all of these factors, Crown Prosecutor Jillian Vivian told court on Wednesday that she would like to see Buxton be sentenced to four years in a federal prison. A one-year sentence for assaulting victim with a pillow and four months for threatening to kill her would be served concurrently.
Madame Justice Murray agreed with Vivian that a longer period of time being spent in rehabilitation programs or under probation would not be sufficient to deter similar behaviour in the future, as Defense Attorney Bobby Movassaghi had suggested.
In the end, she ended up delivering the exact sentence the crown had recommended.
Having already served seven months in jail, Buxton has effectively been sentenced to spend the next three years and five months in a federal penitentiary.
This is in addition to being added to a sexual offender registry for the next 20 years, being banned from having firearms for 10 years, and having to submit a DNA test.