Warning: This story discusses sexual violence and mental illness which may be triggering for some readers.
Joshua Hawco has not displayed any "insight or remorse," after sexually assaulting a young woman, said Justice Weatherill at a sentencing hearing in a Kelowna BC Supreme courtroom on July 2.
Three and a half years after the offence took place, Hawco was sentenced to spend three years in prison after being found guilty of sexually assaulting a woman who was a stranger to him while she slept in her bed.
The survivor of the assault cannot be named due to strict court-ordered publication bans which prohibits the identification of those victimized by abuse. In lieu, the young woman will be referred to under the pseudonym Jane Doe.
In the early hours of Dec. 24, 2020, Hawco was invited over to Doe's house by her roommate for a date after matching on the dating app Tinder.
After briefly meeting Hawco, Doe went into her room, closed the door, started a movie and texted her boyfriend saying that she believed her roommate and Hawco were going to have sexual intercourse, before falling asleep.
Sometime later, Doe woke up with Hawco's penis in her mouth and his fingers in her vagina.
While on the stand as a witness during the trial Doe said that she was paralyzed with fear, afraid of what may have happened to her roommate or what could happen to her if she resisted the assault.
Hawco then removed his penis from Doe's mouth and left the room. During his brief absence Doe quietly texted her boyfriend for help.
A short time later Hawco returned to the room with a condom, put it on and began to have sex with Doe. While on the stand she said she physically resisted the interaction, asked Hawco to stop and made noises indicating that she was in pain.
She said when he returned to the room he had flipped her over and was holding her on her stomach by her hips in order to have penetrative vaginal sex. Doe said his grip on her hips was strong and she was unable to get away.
Hawco then left her room, collected his belongings and left the house.
Doe said once she was sure Hawco had left, she checked on her roommate to make sure she was safe. She then contacted her boyfriend and sister who encouraged her to call the police. Doe then called the police and filed a report of sexual abuse.
Hawco denies the non-consensual sex but admits to having had sex with both Doe and her roommate in the early hours of Dec. 24. According to Hawco, while he was on the stand as a witness, once Doe's roommate had fallen asleep after having sex, he walked, naked, to Doe's room and opened her door. During the trial Hawco alleged that Doe "invited" him in to the room to have sex with her. Doe denies this and stated repeatedly while on the stand that she woke up to the abuse and that it was completely non-consensual.
After a criminal trial in Kelowna courts, Hawco was found guilty of sexual assault by a jury of 12 people on November 5, 2022.
Hawco continues to deny any wrongdoing.
Ahead of sentencing, Doe had the opportunity to read a victim impact statement to the court, in which Hawco was seated in the prisoner box.
She detailed how over the past three and a half years she has suffered immensely both physically and mentally. Doe said she attempted to end her life one month after the assault due to the trauma she endured and the shame she felt. She developed an eating disorder which harmed her physically and has suffered from mental illness including PTSD, depression and anxiety.
After hearing the "heart-wrenching," victim impact statement, Justice Weatherill told Hawco, "memories of your actions continue to traumatize her."
"Her terror continues to this day. You shattered her life," said Justice Weatherill about the lasting impact the assault has had on the young woman.
Weatherill explained that his job was to ensure the sentence imposed is proportional to the gravity of the offence.
He read a list of aggravating factors of the offence to the court which includes: The fact that Doe was sleeping at the time of the assault, Hawco's "lack of insight and remorse," for his actions, and the negative and significant impact on the victim.
Mitigating factors include the fact that Hawco has no prior criminal record, that he works, and that there is significant stigma attached to the conviction. Hawco was born and raised in Newfoundland and is 32 years old, with thinning light brown hair.
"I consider the seriousness of the offence to be high," said Justice Weatherill. "What you did was outrageous."
Justice Weatherill sentenced Hawco to spend three years in prison, less time served. The accused will receive credit for 45 days with the calculation of 1.5 days credited for the 30 days spent in custody ahead of sentencing.
After court was dismissed, two sheriffs handcuffed Hawco and led him into custody.
