A terminally ill Kamloops man who raped his wife while she was recovering from C-section surgery will spend six months on house arrest.
The 29-year-old cannot be named under a publication ban imposed to protect the identity of his victim.
Court heard he approached his wife on Dec. 19, 2016, while she was resting in bed with the couple’s newborn son. She had undergone caesarean surgery a month earlier and was under orders from her doctor to not have sex.
“[He] attempted to impose himself upon her,” Kamloops provincial court Judge Stella Frame said Tuesday in handing down her sentence. “When she protested and told him to stop, he insisted that he was going to take what is his.”
The attack stopped when the victim struck her husband.
The incident was not reported to police until almost three weeks later, when Mounties interviewed the victim after her husband admitted to a psychiatrist he was having homicidal thoughts about his wife and their baby.
“It appears the only reason [he] was charged with this offence is because [his wife] was interviewed by police after [he] made homicidal comments directed toward her and the child,” Frame said.
The couple has since separated. Court heard the victim has regular nightmares and has been undergoing counselling since the incident.
The man was diagnosed in the spring of 2016 with a rare and deadly brain disease. His father attempted to have him admitted to Royal Inland Hospital for depression three times in the months leading up to the sexual assault. He was admitted in January 2017 and released the following month.
Court heard the man has minimized his role in the incident and focused instead on his illness, something Frame called “an astonishing lack of insight.”
Frame said it is important to send a clear signal that relationships do not carry implicit consent.
“The message must be sent that partners are not property,” she said. “When a partner says no, the answer is absolutely no.”
In addition to the house arrest, the man must also register as a sex offender for 10 years and surrender a sample of his DNA to a national criminal database.
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