A west Central Alberta area man was sentenced to three-and-a-half years in jail on Thursday for sexually assaulting his wife in 2007 — while he was serving a conditional sentence for physically assaulting her earlier.
He had only served 11 days of the 20-month conditional sentence when he committed the sexual assault.
The 41-year-old man, who can’t be named because of a court-imposed ban prohibiting the victim’s name from being published, was sentenced in Red Deer Court of Queen’s Bench after he was convicted at trial in December.
The man will serve just over five years in total now as he must serve the two sentences consecutively.
Justice S.L. Martin also ordered him to provide a DNA sample and that his name be added to Canada’s sexual offender registry.
Crown prosecutor Maurice Collard wanted a five-to-six-year jail sentence, with parole eligibility restrictions.
The Crown’s major concern was that the man committed the sexual assault while serving the conditional sentence order in the community.
“This needs to be considered serious. This was jail at home,” Collard said.
Defence lawyer Norman Clair said it was not a violent assault and there were few bruises.
Clair said his client, who is affected by fetal alcohol syndrome and attention deficit hyperactivity disorder, believed it was his wife’s duty to have sex with him.
“He does acknowledge it was wrong and he is sorry for what he has done.”
They are now divorced.