A security guard at a Sun Peaks music festival has been sentenced to three years in federal prison for raping a concertgoer in 2017.
Shawn Christopher Gray was convicted following a four-day B.C. Supreme Court trial in July.
Court heard Gray, 38, came across an intoxicated woman stumbling in the snow on April 10, 2017, the final night of that year’s Snowbombing event.
Gray offered to walk her home and then had sex with her against her will.
At trial, Gray argued the sexual contact was consensual, but the woman, the identity of whom is protected by a court-ordered ban on publication, said she never touched, hugged nor kissed Gray.
“Mr. Gray proceeded on the mistaken assumption that [the woman’s] silence and passivity coupled with a lack of physical resistance constituted consent to sexual activity,” B.C. Supreme Court Justice Steven Wilson said.
“However, silence or passivity cannot equate to communicated consent because silence and passivity do not communicate anything.”
In addition to the jail time, Gray was also ordered to provide a sample of his DNA to a national criminal database and to register as a sex offender for 20 years.