Canadian musician Jacob Hoggard was sentenced to 5 years behind bars on Thursday within the sexual assault of an Ottawa lady, an offence the presiding choose known as a “particularly degrading rape.”
In delivering her sentence in a downtown Toronto courtroom, Ontario Superior Court Justice Gillian Roberts mentioned Hoggard’s offence concerned “gratuitous degradation” and “gratuitous violence.”
“It is no exaggeration to say that (the woman) is no longer the same person she was before the attack. She was physically hurt … far more significant was the psychological hurt,” Roberts mentioned.
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Woman sexually assaulted by Jacob Hoggard says she was ‘never the same’ afterward
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“Whatever fleeting moments of gratification Mr. Hoggard derived from his conduct, they have come at the staggering and utterly unacceptable cost of forever changing (the woman’s) life.”
The choose mentioned she accepted the girl’s proof “in its entirety.”
The 2016 sexual assault came about in a Toronto lodge room and the Ottawa lady advised Hoggard’s sentencing listening to that what occurred will hang-out her for the remainder of her life.
The choose accepted as undeniable fact that Hoggard raped the girl a number of occasions 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 conventional vary for a sexual assault by somebody with no felony file, court docket heard. The prosecution argued Hoggard was a danger to the general public.
Meanwhile, 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 danger to reoffend and had a very good probability of rehabilitation.
Dr. Hy Bloom, a forensic psychiatrist, was retained by the defence to judge whether or not Hoggard had any sexual paraphelias — issues outlined as having sexual needs or behaviours that contain an unwilling particular person or one other particular person’s misery or damage.
Bloom concluded Hoggard didn’t.
Bloom mentioned Hoggard’s sexual issues had been rooted in followers throwing themselves at him. Court heard Hoggard had some 200 sexual companions in his life, with 60 to 70 per cent of them being followers.
The choose mentioned she didn’t settle for Bloom’s report that mentioned Hoggard was a low danger to reoffend.
“The Crown rightly points out that Mr. Hoggard was always impulsive and promiscuous, prior to and apart from his life as a rock star,” Roberts mentioned.
“I agree with the Crown that we cannot say that Mr. Hoggard will never again find himself in a situation where he has a sexual opportunity, wants to validate himself, and impulse takes over.”
The choose mentioned Hoggard’s sentence wanted to be proportionate to the gravity of the offence and Hoggard’s circumstances, together with his diploma of duty.
“It must be sufficient to reflect the inherent harmfulness of a manipulative and particularly degrading rape,” she mentioned. “In all the circumstances of this offence and this offender I believe a fit and appropriate sentence is five years.”
Outside court docket, Crown lawyer Jill Witkin applauded the jury’s verdict and the choose’s sentencing choice.
“Mr. Hoggard’s conviction and sentence sends a message to our community that sexual violence will not be tolerated by anyone,” 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 were very brave, came forward in 2018. They spoke to the authorities, they testified in court at a preliminary hearing and at trial and they should be commended for that,” she mentioned. “It’s a difficult process, but it’s a necessary process.”
The 38-year-old Hedley frontman had pleaded not responsible to all costs.
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 lady’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 lady, however mentioned the opposite parts described, equivalent to spitting and slapping had been amongst his sexual preferences — and will have occurred.
At a sentencing listening to earlier this month, the Ottawa lady advised court docket the incident left her paralyzed with concern and despair for months.
The lady, who can’t be named because of a typical publication ban, mentioned the sexual assault robbed her of her confidence, her goals and altered her life.
“I was never the same after that day,” she mentioned. “A part of me died that day that I will never get back.”
The choose additionally acknowledged how tough the trial was on the Ottawa lady, together with the enjoying of a phone name in cross-examination between her and Hoggard that the previous musician surreptitiously recorded.
“Such an experience should no longer be an ordinary or expected aspect of being a complainant in a sexual assault trial,” Roberts mentioned, citing a current Supreme Court of Canada choice that upheld rape protect guidelines that stop 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 swimsuit 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 worry,” he whispered. “I love you so much. I’ll talk to you soon.”
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 enchantment in entrance of Ontario Court of Appeal Justice Grant Huscroft.
Savard mentioned the trial choose made a number of errors, together with permitting an skilled witness to testify concerning the results of trauma on an individual.
Hoggard ought to get bail, Savard argued, partially as a result of he doesn’t pose a flight danger.
The Crown opposed bail, arguing the enforcement of the jury’s verdict and the choose’s sentencing choice was paramount to sustaining the general public’s religion within the justice system.
Just hours after being taken into custody, Hoggard was granted bail.
In a written choice by Huscroft launched Thursday night, Hoggard was granted bail pending his enchantment.
In the choice, Huscroft mentioned the Crown conceded that the enchantment is “not frivolous,” and that there isn’t a flight danger, which means Hoggard will give up into custody “as required.”
Huscroft mentioned he’s “satisfied” that Hoggard’s detention is “not necessary in the public interest.”
The enchantment will likely be heard at a later date.
— with information from Global News’ Catherine McDonald.