FILE PHOTO.

(BEN BULMER / iNFOnews.ca)

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A BC man has been convicted of sexual assault after his girlfriend asked him to stop while they were having sex but he ignored her.

She had to ask him a second time and push him off.

The girlfriend didn't originally feel like she'd been sexually assaulted, but over time, as the assault worsened her depression, that changed.

Today, July 14, Ryan Douglas Day sat in a Vernon courtroom, having pleaded guilty to the sexual assault.

The court heard how the couple had travelled to Sicamous from the Lower Mainland for the May long weekend in 2022.

During the vacation, Day wanted to have sex, but his girlfriend, whose name is covered under a court-ordered publication ban, didn't.

"Mr. Day was intoxicated and began to pressure (the girlfriend) including saying that she had promised sexual activity the day before," BC Provincial Court Judge Jeremy Guild told the court.

She reluctantly agreed to perform oral sex, and Day continued to ask for sex. She eventually agreed.

While the couple were having sex, she told him she didn't want to have sex anymore and told him to stop.

He replied, "I will be gentle and I will go slow."

She raised her voice and pushed him off, telling him it hurt.

"At that point, Mr. Day stopped," the judge said. "It is not clear how long he continued before (the girlfriend) again told him to stop and pushed him away, but it seems it was relatively brief."

The couple had been together for about two years, but they split up and she moved out a few months later.

"She came to realize that reporting the incident was the right thing to do, even though she believed Mr. Day was a good person with a kind heart," the Judge said. "She also felt that Mr. Day had not taken responsibility because he had been adamant that he did nothing wrong."

Crown prosecutor Alison Buchanan wanted Day to serve two-and-a-half years' jail, while defence lawyer Glenn Verdurmen wanted a sentence of house arrest.

The court heard that the girlfriend had been in an abusive marriage for 11 years, and that Day knew the impact the abuse had had on her.

"She had been attending weekly therapy for about a year, dealing not only with the sexual assault... but also historical issues from her marriage," Judge Guild said.

In a victim impact statement to the court, the girlfriend said she knew Day was not a bad person, and at the time he was unaware of his actions because he was drunk.

The court heard that Day worked in the oil and gas industry and worked around BC and Alberta. The 42-year-old has no criminal record and is now in a new relationship.

His new partner described him as gentle and kind, and she had not experienced any type of violence in their relationship. The judge noted she had accompanied him in every court appearance.

"She has noticed that Mr. Day has become more hesitant after he was charged with this offence," the Judge said.

Because of his drunkenness, Day said he couldn't remember his girlfriend telling him to stop, but he took full responsibility for what happened. He was now going to counselling.

Judge Guild said he'd previously given a sincere apology to the court and expressed real remorse for the victim.

In deciding a sentence, Judge Guild said the general deterrence would discourage other potential offenders and to educate the public.

"In this case, there was a relatively brief period where, as a result of intoxication, Mr. Day continued with what had been consensual sexual intercourse after having been told to stop," the Judge said. "When told to stop the second time, he did, although that may also be a result of having been pushed off."

The judge said Day's intoxication was a mitigating factor, and if he hadn't been drunk, he wouldn't have committed the offence.

Judge Guild noted that both the now ex-girlfriend and his new partner both said Day was otherwise a good person.

"Society has an interest in sending out a message of recognition that those who take responsibility for offending and take significant steps to deal with the underlying issues that led to the offending will be given credit for taking responsibility," the Judge said.

Ultimately, Day was sentenced to two years of house arrest, but will be able to leave to go to work.

— If you or someone you know has been impacted by sexual violence, contact Archway Society for Domestic Peace at 250-542-1122, 24 hours a day, seven days a week, or www.archwaysociety.ca. All programs are easily accessible, free of charge and confidential.

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