(ASHLEY LEGASSIC / iNFOnews.ca)

A man convicted of sexually assaulting a Kamloops woman he met through Tinder in December 2017 has been sentenced to a 90-day intermittent jail sentence followed by a lengthy probation.

Franck Yvan Tayo Tompouba, 25, was convicted in September, 2019 by Justice Len Marchand on one count of sexual assault involving intercourse.

Today, Feb. 10, Marchand sentenced Tayo Tompouba to a 90-day sentence to be served on weekends at a correctional centre in Surrey, followed by a 36-month probation term where he will have to follow a curfew and complete community hours after determining the woman he assaulted did not give him ongoing consent. Marchand decided on the intermittent sentence to allow Tayo Tompouba the opportunity to work throughout the week so he could continue financially supporting his kids and his family who live in Cameroon. 

He will also have to register under the Sex Offender Information Registration Act for 20 years.

Court heard Tayo Tompouba met up with a young Kamloops woman, who cannot be identified due to a court-ordered publication ban, on Dec. 23, 2017. Tayo Tompouba travelled to Kamloops from Williams Lake to meet the woman and the two went out to a local nightclub.

Throughout the course of the night, the woman had a number of drinks and Tayo Tompouba stayed sober.

The two left the club and went back to the woman’s house where they ate snacks and talked before going to bed. At around 3 a.m., Tayo Tompouba and the woman stripped to their underwear and kissed and cuddled before the woman turned away from Tayo Tompouba and fell asleep.

During the trial, the woman had testified she had told Tayo Tompouba earlier in the day that she was on her period and was using this as a signal that she did not want to have sex.

After falling asleep, the woman said she woke up to Tayo Tompouba having intercourse with her. When she realized what was happening, the woman pretended to keep sleeping.

The woman did not file a victim impact statement but after reading the text message exchange between them, Marchand says this incident negatively impacted the woman and caused her anger.

The woman even attempted to extort money from Tayo Tompouba in exchange for not going to the police.

Court heard Tayo Tompouba is originally from Cameroon. He received his permanent residency status in 2013 and has worked in various jobs throughout B.C. including in landscaping, general contracting, construction and working at a mine.

He also began taking an educational assistant program but had to drop out after these criminal charges came forward.

He is also a father to triplets born in Canada. 

Marchand explained this criminal matter brought forward serious immigration consequences for Tayo Tompouba.

Crown prosecutors were seeking a three-year prison term while Tayo Tompouba, self represented without a lawyer, submitted a suspended sentence term followed by probation.

A sexual assault conviction could lead to Tayo Tompouba being deported, but with the sentence he was given today, he will not lose his right to appeal a potential removal from Canada. 

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