Durham, Canada – A crown prosecutor has called for a twelve month sentence for a Durham police officer convicted of sexually assaulting an unconscious woman in Dec 2020.
Jack Stelwagen betrayed his oath as a police officer and violated the bodily integrity of the victim, prosecutor JulieAnn Barrett told the court in sentencing submissions Friday, April 9th.
“This was a concerted and prolonged attempt by the defendant to take advantage of someone he knew to be passed out,” Barrett told Ontario Court judge Bruce Frazer. “He is treating that person as an object to be used and abused at will.”
The Crown had alleged that Stelwagen assaulted the woman after she fell asleep following a party at a mutual friend’s house in Whitby.
The court heard the homeowners found Stelwagen in a bedroom with the woman early hours of Aug 6th, 2018. Stelwagen was alone with the woman and had blocked the door with a piece of furniture.
Barrett said during Friday’s sentencing hearing that Stelwagen was caught in the room with the woman once and shooed away, only to “sneak back” and get “right back into bed with her.”
Barrett added, “She was at her most vulnerable, unable to defend herself in any way.”
Barrett read into the record a victim impact statement written by the woman.
“I’m hurt,” wrote the woman, whose identity is protected by a publication ban. “I have fear of everyone around me, and I’ve never felt that way before.”
Barrett said a year-long jail sentence followed by a term of probation is the appropriate measure to denounce Stelwagen’s conduct. “It is a betrayal of his duty, his oath as a police officer, to act in the manner he did,” she added.
Barrett subsequently acknowledged Stelwagen’s “pro-social” conduct as a citizen and officer prior to the incident, but said that doesn’t ameliorate the seriousness of his criminal conduct.
“People of all characters commit sexual offending. It happens in secret. It’s not the face that’s shown to others,” she said.
Defence lawyer Leo Kinahan suggested if jail time is imposed, it ought to be a sentence of 90 days. However he added a term of house arrest with stringent restrictions is appropriate for Stelwagen.
People of all characters commit sexual offending? No, you have no moral character if you commit sexual offences. You can do good things but you are not a morally good person.