A Kamloops man who raped his teenaged daughter’s sleeping friend in what a pre-sentence report called an “opportunistic” attack will go to jail for at least two years, but not until January at the earliest.
The 45-year-old business owner cannot be named due to a court-ordered publication ban protecting the identity of his victim.
The man admitted to sexually assaulting the 15-year-old girl on July 23, 2018, while she slept in his daughter’s bed.
The girl told police she awoke to find the man engaged in forced intercourse. She said he appeared to stop when he realized she was waking up.
Court heard the man then began telling the girl it was her fault.
“He also commented to her that it wasn’t bad because she wanted it which, of course, wasn’t the case,” Crown prosecutor Will Burrows said.
The victim had been drinking with the man’s son prior to the assault.
Court heard the man initially pleaded not guilty, but changed his plea when his DNA was confirmed to have been found on the girl’s underwear.
Burrows said the man’s home had previously been a “safe place” for the girl, who was experiencing family troubles.
“The accused was trusted by the victim,” Burrows said. “She was extremely vulnerable and he knew it.”
In a pre-sentence report, the rape was described as “opportunistic.”
Burrows has proposed a three-year sentence in a federal penitentiary while defence lawyer Eric Rines is seeking a sentence of two years less a day to be served in a provincial prison.
Rines took issue with Burrows’ depiction of the man’s family as having been a surrogate for the girl. He said the man only knew the girl as a friend of his children.
The man has said he was intoxicated at the time of the attack and has no recollection of it having taking place.
He is scheduled to return to court on Jan. 20 for a hearing to determine whether any evidence will be called prior to sentencing.
He remains out of custody.