HIV-positive rapist sentenced to 9 years in Regina attack
An HIV-positive man who pleaded guilty to a violent sexual assault in Regina was sentenced to nine years behind bars on Monday.
Kenton Desjarlais from the Piapot First Nation in Saskatchewan was arrested after he attacked and sexually assaulted a woman he did not know.
Justice Brian Barrington-Foote sentenced Desjarlais for aggravated sexual assault in Regina's Court of Queen's Bench.
Besides the nine-year sentence, he is also prohibited from owning a firearm, ammunition or explosive for 10 years after his release. He also must pay a victim surcharge of $200 or serve two extra days in prison.
As heard in court, the victim was walking home late one night in May 2015 when Desjarlais, 26, began to harass the woman as she cut through an alley.
Victim feared HIV diagnosis
The possibility of transmitting HIV to the woman was nearly zero due to antiretroviral medication Desjarlais had been taking, but the woman didn't know that. She feared for her health in the months leading up to the results of HIV testing, the court previously heard.
"For months, she did not know whether she was infected with a potentially fatal disease." the judge said.
She later tested negative for HIV.
Besides the HIV scare, the victim said she was traumatized by the attack and the entire night.
"I thought the assailant would want to attack me again and he would kill me for good," she said. "Ever since this violation, I have felt the nervousness and fear creep into my everyday life. When I say that, I mean, every…day...of my life."
In her statement, the woman said she now has trust issues, is suffering from depression and anxiety and has missed many days of work due to the effects of the attack.
Crown may appeal sentence
The Crown asked for a 12-year sentence because of the anguish the woman had endured as she awaited results of the HIV test. Desjarlais's defence asked for five years.
The Crown argued that aggravating factors included the brutality of the assault, and the fact it was a random attack, which "sent a chill through the city."
Meanwhile, the defence spoke of Desjarlais's "tragic" life, with a history of family violence and addiction.
The judge said he considered Gladue factors in the sentencing (alternatives for Indigenous offenders) and thought that Desjarlais showed remorse for what he had done.
But he strongly condemned the actions of Desjarlais and said that despite his past "he must accept personal responsibility."
Barrington-Foote said Desjalais was labelled to be at a high risk of reoffending. About 80 per cent of those in that category do so over a three-year period in the community.
Crown prosecutor Chris White said he spoke with the victim and her supporters at length after the sentence was delivered. He said he thought the family was happy this part of their lives is over, and that it gives a semblance of closure.
"It was a brutal offence. It was committed against an unsuspecting innocent stranger minding her own business," he said. "That victim could have been any young lady walking home after the bar at night.
"This will likely be a part of her going forward, but at the same time she doesn't have to keep coming back."
White said the random nature of the attack was shocking.
"In 15 years, I haven't seen one like this," White said.
The Crown may consider appealing the sentence. White said he isn't fully satisfied with the results even though the sentence fits in the range usually handed out for aggravated sexual assault.
Correction : A previous version of this story incorrectly stated that Kenton Desjarlais forcibly inserted himself into the victim's mouth and that she had required jaw surgery. Those details were from an unrelated case that did not involve Desjarlais.(Jul 24, 2017 7:49 PM)
