(JENNIFER STAHN / iNFOnews.ca)
December 16, 2023 - 9:00 PM
A 37-year-old man has been sentenced to 30 months in jail after raping a woman he had met just hours earlier in Kamloops.
She was asleep when he did so and she had twice told him she didn't want to have sex earlier that evening. He ignored that, a judge noted in delivering his sentence to Troy Stanley George Schank.
Schank met the victim in May 2021 when they were at a mutual friend's house for a barbecue.
The pair got to knew each other over the course of the evening. They were drinking and smoking cannabis until they later turned on a movie and she started to fall asleep, according to a BC Supreme Court decision.
They laid together on the couch and she told him to stop twice as he made advances.
Roughly an hour later, she awoke to Schank raping her. When she awoke and realized what was happening, she quickly got up and left to the bathroom before leaving the house.
Schank and the victim exchanged text messages over the next two days. She accused him of taking advantage of her after she said no, which he called a "misunderstanding."
"I did not want to get to know you. And I do not ever want to see you again," she said in a text message. "You think it's funny, I think it's awful."
BC Supreme Court Justice Baljinder Kaur Girn rejected Schank's testimony when he claimed she gave implied consent and said she wasn't sleeping.
He was convicted of sexual assault on May 15, then returned to court to be sentenced on Nov. 1.
Schank's defence was seeking two years less a day in jail, but Girn sided with the Crown and sentenced him to 30 months.
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