A Crown prosecutor argued a former Thompson Rivers University student was in a position of “temporary trust” when he sexually assaulted a 19-year-old woman after a New Year’s Eve party.
Defence and Crown lawyers made arguments Wednesday in the sentencing of Mathew Rittinger. The former student and member of the university’s golf team was found guilty after trial of sexual assault.
Rittinger, 25, originally stood accused of raping an 18-year-old woman and aggressively fondling her 19-year-old friend after leaving a party on Jan. 1, 2015. He was found guilty of sexually assaulting the 19-year-old, but acquitted on the charge relating to the 18-year-old.
The two women came to Rittinger’s home following a New Year’s Eve party two years ago. When they were unable to secure a ride home via Operation Red Nose or a taxi, Rittinger said the two could sleep at his house until they were able to get home.
Prosecutor Camille Cook told B.C. Supreme Court Justice Hope Hyslop that Rittinger was in a temporary position of trust because the woman slept in Rittinger’s home, adding the act was predatory. She argued for a jail sentence of four to six months in addition to a period of probation.
Defence lawyer Kevin Church said Rittinger has paid a price through loss of his job and a ban from university grounds. Church said Rittinger is unable to get work in human resources —the area of study for his university degree.
“Mr. Rittinger is remorseful,” Church said, arguing for a suspended sentence or intermittent jail sentence.
Cook said a suspended sentence or conditional discharge would send the wrong message.
“This is something that happens all the time,” she said. “The public-interest factor is abundantly clear and high.”
While the 18-year-old woman slept in an empty bedroom in Rittinger’s residence, he and the 19-year-old went to his room. After talking and making out, the woman eventually told Rittinger she wanted to go to sleep.
Court heard during the trial that Rittinger rolled her over on top of him a number of times — five or more, she testified — and aggressively grabbed at her genitals. Despite her saying no — 20 or more times, she said — and struggling against him, Rittinger continued to grab her above and below her pants, and unhooked her bra.
Justice Hope Hyslop is scheduled to give a decision at a later date.
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