Man jailed 6 months for sexually assaulting sleeping woman
'An unconscious person cannot consent,' says Crown prosecutor
A man who sexually assaulted a woman while she was asleep in her bed has been sentenced to six months in jail.
Gregory William Lunn, 32, of Stratford, P.E.I., pleaded guilty Monday in P.E.I. Supreme Court in Charlottetown, to committing sexual assault on Aug. 9, 2018, in Queens County.
"A sleeping person cannot give consent," Crown prosecutor Gerald Quinn told court Monday. "There is no doubt Mr. Lunn committed sexual assault and it must be denounced and he must face justice."
According to an agreed statement of facts read by Quinn, Lunn and his victim knew each other. On the night in question, Lunn took a taxi to the woman's home around 6 a.m.
He found her asleep and got into the bed with her. Upon Lunn initiating sexual intercourse, the woman woke up and told him to stop. He did so, according to the agreed facts. An argument ensued. The woman told Lunn to leave and he did.
Justice Terri MacPherson sentenced Lunn to probation for three years after his six-month jail term and she ordered him to undergo counselling as directed by probation officers.
You had no right to do what you did.- Justice Terri MacPherson
"You had no right to do what you did," MacPherson told Lunn as she handed down the sentence. "You need to understand how you got to where you are today, and make the necessary changes."
Lunn was also charged with committing an indictable offence during a break and enter. He was found not guilty of that charge.
Parole for previous conviction revoked
Lunn has remained in custody since Aug. 9 when he voluntarily surrendered to RCMP upon learning police were looking for him.
He was on parole at the time, having been convicted in 2017 of dangerous driving causing death.
Lunn's parole on that conviction was revoked. That sentence now ends on Feb. 22, 2019. His six-month jail sentence for sexually assaulting the woman will begin on that day.
Six months in jail is the mandatory minimum for sexual assault.