A man from Bangladesh who raped his roommate in a Kamloops townhouse three years ago has had his appeal dismissed by B.C.’s highest court.
Joyonto Joy, now 23, was an international student at Thompson Rivers University in August 2017 when a young woman moved into the off-campus rental he shared with another man.
On Aug. 23, 2017, eight days after she moved in, the three roommates decided to throw a small party and began drinking vodka.
During trial in B.C. Supreme Court in Kamloops last year, the woman, who cannot be named under a court-ordered publication ban, said she rejected sexual advances from Joy.
Court heard Joy carried on regardless. At some point in the night, the woman said, she found herself naked in Joy’s bed, engaged in sex.
The woman said she did not recall how she came to be in the bed and pushed back against Joy. She said he covered her mouth and continued with the sexual assault.
Joy denied ever having sex with the woman. In court, he said he was “not interested” in her, arguing she was not his type.
Calling the case “a classic he-said, she-said,” B.C. Supreme Court Justice Dev Dley said Joy’s story did not add up. Dley found him guilty of sexual assault and later sentenced Joy to two years in prison.
Joy appealed his conviction, arguing Dley misunderstood the evidence. He said Dley mistakenly found that Joy said he was not aroused by his interactions with the woman.
In a decision made public on Wednesday, a three-judge B.C. Court of Appeal panel dismissed Joy’s claim, ruling his evidence was not misapprehended by Dley.
“In my opinion, the judge succinctly captured the essence of the evidence as it related to the fundamentals of the defence position — namely that sexual intercourse did not happen,” B.C. Court of Appeal Justice David Harris wrote in his decision. “The judge gave a thorough explanation of his reasons for rejecting Mr. Joy’s account of the events.”
Joy is expected to face deportation from Canada at the conclusion of his sentence.
