Sentencing for Kelowna sex assault is hung up

A man convicted in November of raping a young woman in a deserted factory parking lot has hired a new lawyer and will be seeking extra credit for his time in custody.

A man convicted in November of raping a young woman in a deserted factory parking lot has hired a new lawyer and will be seeking extra credit for his time in custody.

Atish Prasad was to be sentenced last month, but it didn’t happen when Prasad said he would be seeking enhanced credit for time spent in custody prior to sentencing, the court heard on Monday.

However, questions about the judge’s order last month that jail staff produce various documents, has resulted in a need for another meeting with the judge, expected sometime this week.

Once those issues are sorted out and the jail records are sent to and assessed by lawyers on the case, it is expected a new sentencing date can be scheduled.

Prasad was 28 back in November when he was found guilty of sexual assault causing bodily harm after a week-long trial.

At issue during the case was whether or not Prasad had the consent of a woman when he engaged in sexual acts on June 13, 2010.

Sometime between 11 p.m. and midnight that evening, the woman, who had first briefly encountered Prasad the week before, saw Prasad standing beside a car and asked her if she wanted to go for a drive.

She declined, but instead agreed to a walk.

When they arrived in the Sun-Rype parking lot, near an excavator, Prasad began kissing the woman.

He ignored her request to go home, and escalated to sexual touching and then placed her on the ground between the treads of the excavator before eventually having intercourse with her, despite her saying no “on numerous occasions,” Justice Peter Rogers said when he convicted Prasad.

“She was not strong enough to dislodge him from his position over her,” said Rogers. “She was afraid and scared.”

The woman suffered scrapes, bruises and a bite mark.

Prasad had testified that the woman did not protest his advances, but Rogers said he did not believe Prasad’s “version of the events.”

A pre-sentence report and psychiatric assessment were ordered following Prasad’s conviction.

He’s set to return to court at the end of the month to set a sentencing date.

cwierda@kelownacapnews.com

 

 

Kelowna Capital News