Kelowna man who drugged, raped, ‘violently degraded’ ex-girlfriend gets nearly 4 years in jail | iNFOnews | Thompson-Okanagan's News Source

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Kelowna man who drugged, raped, ‘violently degraded’ ex-girlfriend gets nearly 4 years in jail

April 27, 2021 - 12:08 PM


A Kelowna man who "violently exploited and degraded his former intimate partner, who was 17" was sentenced to 3.5 years in prison, thanks to a Crown appeal of his original sentence.

Joshua Evan Milne, 27, was originally sentenced to just one year in prison for sexual assault and transmitting child pornography until the Crown appeal.

A panel of B.C. Court of Appeal Justices bumped up the sentencing because of errors made by a B.C. Supreme Court judge in one of the more heinous set of circumstances involving sexual assault.

"He took advantage of her trust, rendered her unconscious, and then objectified and violated her, both through his prolonged five-hour attack and by recording his actions on his cellphone. The following morning, rather than provide assistance given her debilitated state, he lied to authorities, which led to her certification under the Mental Health Act and involuntary detention in hospital,” Justice Gail Dickinson wrote in a decision earlier this month.

In the trial, the court heard that Milne, then 24, was seeing A.D. who was 17. She was trying to break up with him and had a new boyfriend but he feigned suicide to keep her close.

On Nov. 14, 2017, they were talking it out while they both lived separately in Burnaby. He convinced her to take a sleeping pill as well as Ativan, which he knew would impair her memory as well as cause mental and physical impairment.

Before she fell asleep he asked her if she trusted him and she said she did.

When she fell asleep, be undressed her, bound her hands and ankles, blindfolded her and raped her several times over the next five hours.

When she awoke, she had no idea what happened, but was bruised and in a lot of pain. He offered to make sure she got home OK, but later called the police because he was concerned about her ability to drive.

Police took her to hospital and later confined her under the Mental Health Act because he falsely told police she tried to kill herself by overdosing on pills.

As memories of the night slowly returned, she confronted him a few months later while he was in the hospital under his own Mental Health detention order for other reasons. She demanded access to his phone and got it and there she found out that he recorded video of the entire sexual assault.

Police also later learned he sent still images from the video to a woman he met on WhisperChat. They arrested him for sexual assault and distributing child pornography.

A B.C. Supreme Court judge originally sentenced him to one year for the sexual assault and two months consecutive for child pornography based on errors in sentencing, largely conflating his mental illness to a lower culpability and overstating his rehabilitative efforts.

The B.C. Court of Appeal tossed that sentence and substituted the new one, even while recognizing that the Crown’s suggested sentence — 2.5 years for sexual assault — was “somewhat low.” He got another year, to be served consecutively, for the child pornography offence.

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