Warning: The following contains details of a sexual assault and might not be suitable for all readers.
A man experiencing homelessness in Nanaimo who sexually assaulted a woman and prevented her from getting away from him has been sentenced to six years in jail.
A jury found Carl Michael Francis, 36, guilty of sexual assault causing bodily harm, assault causing bodily harm and unlawful confinement from an incident three years ago at Bowen Park in Nanaimo. On Sept. 13 at B.C. Supreme Court in Nanaimo, justice Carla Forth sentenced him to jail.
Francis had met a 19-year-old woman, whose identity is protected under a publication ban, on the streets, according to Forth's ruling. She was experiencing numerous mental health issues, but "was not a regular user of illicit drugs." Subsequent to their meeting, he gave her methamphetamines daily.
On June 14, 2021, the woman was assaulted by Francis who "took her by the shirt, slammed her to the ground, tossed her … and slapped her," and choked her "until she almost passed out." When she tried to get away later in the day, "he tackled her," prevented her from moving and sexually assaulted her, according to the ruling.
The victim feared for her life, and was thwarted on a number of other escape attempts before she convinced him to call 911.
He stated he thought the sexual intercourse was consensual.
The woman was taken to hospital and examination showed extensive bruising and other injuries including "'red flags' of strangulation." She needed treatment for physical injuries and for the psychological trauma. In an impact statement, the woman said the effects of the assaults and sexual assault were numerous with "ongoing fear, flashbacks, nightmares, and jaw pain" and areas of the city triggering negative emotions.
The judge said the aggravating factors included the violent nature of the offences, which were a violation of the victim's "sexual, emotional and physical well-being." The woman was vulnerable and young and Francis took advantage of her, causing her significant injury.
Mitigating factors include the fact that Francis had no other record of violent crimes and he suffered a difficult childhood, which included abuse.
He has been living in a tent in Bowen Park for four years, and according to the court, "spends his days wandering the streets, socializing with others and, in his words, just 'chillin.'"
The judge found that the accused had "a high degree of moral responsibility."
"He took a very vulnerable young woman, supplied her with drugs, isolated her … The forcible sexual intercourse was for his own sexual gratification," the judge said. "He did not care what pain or distress he inflicted."
He has been in custody since July 24 and combined with a previous jail time, was credited with 81 days served of the six-year sentence.
