Canadian musician Jacob Hoggard was sentenced to 5 years behind bars on Thursday within the sexual assault of an Ottawa girl, an offence the presiding decide known as a “notably degrading rape.”
In delivering her sentence in a downtown Toronto courtroom, Ontario Superior Courtroom Justice Gillian Roberts mentioned Hoggard’s offence concerned “gratuitous degradation” and “gratuitous violence.”
“It’s no exaggeration to say that (the girl) is not the identical particular person she was earlier than the assault. She was bodily harm … much more vital was the psychological harm,” Roberts mentioned.
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Lady sexually assaulted by Jacob Hoggard says she was ‘by no means the identical’ afterward
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“No matter fleeting moments of gratification Mr. Hoggard derived from his conduct, they’ve come on the staggering and completely unacceptable price of eternally altering (the girl’s) life.”
The decide mentioned she accepted the girl’s proof “in its entirety.”
The 2016 sexual assault occurred in a Toronto resort room and the Ottawa girl informed Hoggard’s sentencing listening to that what occurred will hang-out her for the remainder of her life.
The decide accepted as proven fact that Hoggard raped the girl a number of instances anally, vaginally and orally, choked her, spit on her, known as her a slut and a pig and oinked at her like an animal.
The Crown had sought a sentence of six to seven years _ above the traditional vary for a sexual assault by somebody with no legal file, court docket heard. The prosecution argued Hoggard was a threat to the general public.
In the meantime, the defence had argued Hoggard ought to stay behind bars for 3 to 4 years. They pointed to a psychiatric report that mentioned he was a low threat to reoffend and had a superb likelihood of rehabilitation.
Dr. Hy Bloom, a forensic psychiatrist, was retained by the defence to judge whether or not Hoggard had any sexual paraphelias — problems outlined as having sexual wishes or behaviours that contain an unwilling particular person or one other particular person’s misery or harm.
Bloom concluded Hoggard didn’t.
Bloom mentioned Hoggard’s sexual issues have been rooted in followers throwing themselves at him. Courtroom heard Hoggard had some 200 sexual companions in his life, with 60 to 70 per cent of them being followers.
The decide mentioned she didn’t settle for Bloom’s report that mentioned Hoggard was a low threat to reoffend.
“The Crown rightly factors out that Mr. Hoggard was all the time impulsive and promiscuous, previous to and other than his life as a rock star,” Roberts mentioned.
“I agree with the Crown that we can not say that Mr. Hoggard won’t ever once more discover himself in a scenario the place he has a sexual alternative, needs to validate himself, and impulse takes over.”
The decide mentioned Hoggard’s sentence wanted to be proportionate to the gravity of the offence and Hoggard’s circumstances, together with his diploma of accountability.
“It should be enough to replicate the inherent harmfulness of a manipulative and notably degrading rape,” she mentioned. “In all of the circumstances of this offence and this offender I consider a match and applicable sentence is 5 years.”
Exterior court docket, Crown legal professional Jill Witkin applauded the jury’s verdict and the decide’s sentencing resolution.
“Mr. Hoggard’s conviction and sentence sends a message to our neighborhood that sexual violence is not going to be tolerated by anybody,” Witkin mentioned.
Hoggard had additionally been charged with sexual assault inflicting bodily hurt within the case of a teenage fan, in addition to sexual interference involving that complainant however was discovered not responsible on these offences.
Witkin thanked each complainants for coming ahead.
“They have been very courageous, got here ahead in 2018. They spoke to the authorities, they testified in court docket at a preliminary listening to and at trial and they need to be counseled for that,” she mentioned. “It’s a tough course of, nevertheless it’s a vital course of.”
The 38-year-old Hedley frontman had pleaded not responsible to all expenses.
A jury deliberated for six days and twice discovered itself deadlocked on “some counts” earlier than discovering Hoggard responsible in June of sexual assault inflicting bodily hurt within the Ottawa girl’s case.
The lady, who was in her early 20s on the time, mentioned Hoggard choked her so laborious she thought she was going to die. She testified the sexual assault lasted for hours.
Hoggard mentioned at trial that he had consensual, “passionate” intercourse with each complainants.
He denied choking the Ottawa girl, however mentioned the opposite components described, reminiscent of spitting and slapping have been amongst his sexual preferences — and will have occurred.
At a sentencing listening to earlier this month, the Ottawa girl informed court docket the incident left her paralyzed with concern and despair for months.
The lady, who can’t be named resulting from a typical publication ban, mentioned the sexual assault robbed her of her confidence, her desires and altered her life.
“I used to be by no means the identical after that day,” she mentioned. “Part of me died that day that I’ll by no means get again.”
The decide additionally acknowledged how tough the trial was on the Ottawa girl, together with the taking part in of a phone name in cross-examination between her and Hoggard that the previous musician surreptitiously recorded.
“Such an expertise ought to not be an odd or anticipated facet of being a complainant in a sexual assault trial,” Roberts mentioned, citing a current Supreme Courtroom of Canada resolution that upheld rape protect guidelines that forestall sexual assault complainants from being ambushed on the stand with recordings and different paperwork.
After the choice was learn in court docket, Hoggard, wearing a black go well with and tie over a white shirt, walked over to his spouse within the court docket’s gallery. He hugged and kissed her goodbye.
“Don’t fear,” he whispered. “I like you a lot. I’ll speak to you quickly.”
Guards then handcuffed him and led him out of court docket.
Hours later, Hoggard’s lawyer Megan Savard argued for bail as she launched his attraction in entrance of Ontario Courtroom of Attraction Justice Grant Huscroft.
Savard mentioned the trial decide made a number of errors, together with permitting an professional witness to testify concerning the results of trauma on an individual.
Hoggard ought to get bail, Savard argued, partly as a result of he doesn’t pose a flight threat.
The Crown opposed bail, arguing the enforcement of the jury’s verdict and the decide’s sentencing resolution was paramount to sustaining the general public’s religion within the justice system.
Simply hours after being taken into custody, Hoggard was granted bail.
In a written resolution by Huscroft launched Thursday night, Hoggard was granted bail pending his attraction.
Within the resolution, Huscroft mentioned the Crown conceded that the attraction is “not frivolous,” and that there isn’t a flight threat, that means Hoggard will give up into custody “as required.”
Huscroft mentioned he’s “happy” that Hoggard’s detention is “not vital within the public curiosity.”
The attraction will likely be heard at a later date.
— with recordsdata from World Information’ Catherine McDonald.