Kelowna Law Courts. (File)

Kelowna Law Courts. (File)

Kelowna man convicted of sexual assault could be deported after serving sentence

The man was sentenced to four months of house arrest followed by two years of probation

An Indian national living in Kelowna who was found guilty of sexual assault earlier this month could be deported after serving his sentence.

On Thursday, a man who can’t be named due to a publication ban protecting information that could identify the complainant, was sentenced to four months served conditionally in the community followed by two years of probation.

The first two months of his sentence will be served on conditions which amount to house arrest while the latter two will impose a curfew between 11 p.m. and 6 a.m.

The lengthy probation was imposed by the judge in part to allow the man to finish his schooling in Canada before possible deportation.

“My understanding is if he’s subject to any kind of a supervision order — including probation — that the deportation wouldn’t occur until that’s completed,” said the judge.

READ MORE: Lake Country man pleads guilty to assault, confinement charges

READ MORE: Convicted child rapist loses sentence appeal in Kelowna

The Crown went over its details of the case, in which the man invited the complainant over under the pretense of helping her find living accommodations.

According to the Crown, he then invited the complainant to watch a movie with him in his bedroom, where he began forcibly kissing and groping the complainant against her will.

“In these circumstances, the victim had some trust in attending [the defendant’s] residence,” said the Crown prosecutor.

“Trust that he was intending just to help her; trust that he would not attempt to sexually assault her. [The complainant] put herself in a vulnerable position because of this trust.”

The Crown prosecutor asked for a sentence between 6 and 9 months of house arrest followed by 18 months of probation.

Defence counsel argued that the offence did not occur as described by Crown and asked for a conditional discharge.

Conditions on the sentence include the man must have no contact with the complainant, he must not attend her residence or workplace and he must immediately leave her presence if he sees her in public.


@michaelrdrguez
michael.rodriguez@kelownacapnews.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Flight with COVID
Another Kelowna flight with COVID-19 exposure

Westjet flight on April 5 from Kelowna to Edmonton

Lori Jantz snapped this picture of a fight between a bald eagle and an osprey above Osoyoos Lake on Friday. (Lori Jantz photo)
Battle in the sky erupts above South Okanagan lake

Bald eagle and osprey fight mid-air in Osoyoos

This illustration provided by the Centers for Disease Control and Prevention in January 2020 shows the 2019 Novel Coronavirus.[CDC]
More COVID-19 exposures reported at schools in Kelowna

Interior Health added additional schools and dates to their list of exposures

Royal LePage Arena was an addition to West Kelowna championed by Len Novakowski. (File photo)
West Kelowna community leader Novakowski dies

Former Westside regional district director Len Novakowski dies after lengthy health battle

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

People walk past the Olympic rings in Whistler, B.C., Friday, May 15, 2020. Whistler which is a travel destination for tourists around the world is seeing the effects of travel bans due to COVID-19. THE CANADIAN PRESS/Jonathan Hayward
Adults living, working in Whistler, B.C., eligible for COVID-19 vaccine on Monday

The move comes as the province deals with a rush of COVID-19 and variant cases in the community

RCMP crest. (Black Press Media files)
UPDATE: RCMP investigating after child, 6, dies at motel in Duncan, B.C.

The BC Coroners Service is conducting its own investigation into the circumstances around the child’s death

Highway 97 being converted to four lanes in April 1990. This photo taken in Lake Country. (Greater Vernon Museum and Archives Photo #14025)
HISTORY: How the old Highway 97 in Lake Country got new name

Pelmewash Parkway recognizes the First Nations history in Lake Country

RCMP display some of the fish seized from three suspects who pleaded guilty to violating the Fisheries Act in 2019, in this undated handout photo. THE CANADIAN PRESS/HO - RCMP
3 banned from fishing, holding licences after overfishing violations near Vancouver Island

Mounties seized the group’s 30-foot fishing vessel and all equipment on board at the time

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

B.C. Premier John Horgan responds to questions during a postelection news conference in Vancouver, on Sunday, October 25, 2020. British Columbia’s opposition Liberals and Greens acknowledge the COVID-19 pandemic has presented huge challenges for Horgan’s government, but they say Monday’s throne speech must outline a coherent plan for the province’s economic, health, social and environmental future. THE CANADIAN PRESS/Darryl Dyck
Horgan’s NDP to bring in throne speech in B.C., Opposition wants coherent plan

Farnworth said the budget will include details of government investment in communities and infrastructure

Most Read