'Clumsy Don Juan' gets three years for rape (original) (raw)

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'Clumsy Don Juan' gets three years for rape

Published Oct 24, 2013 • Last updated Oct 24, 2013 • 2 minute read

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Manitob law courts

A Thompson man whose rape conviction sparked national outrage after a judge called him a “clumsy Don Juan” and commented on the victim’s attire and readiness “to party” has been sentenced to three years in prison.

Kenneth Rhodes, 43, was convicted of one count of sexual assault in February 2011 and sentenced to two years house arrest.

The Crown appealed the sentence and Rhodes appealed his conviction, resulting in a second trial and a second conviction.

“Only a penitentiary sentence can properly reflect the moral culpability of the accused ... and the significant harm that occurred,” Justice Lori Spivak ruled Thursday.

The need for denunciation and deterrence is “so pressing” only a real jail sentence can convey society’s condemnation, Spivak said.

The victim testified at trial she and a friend met Rhodes and another man outside a bar in August 2006 and accepted a ride with them, expecting to go to a party.

The woman said there was no party and Rhodes raped her on a gravel road.

The woman ran half-naked into the bush and later flagged down a car for help.

Rhodes admitted having sex with the then-20-year-old woman but claimed he had an “honest but mistaken belief” she was consenting.

At his first trial, Justice Robert Dewar described Rhodes as a “clumsy Don Juan” who had the mistaken belief “sex was in the air” and a “heightened expectation” sex would occur.

Dewar’s comments prompted multiple complaints to the Canadian Judicial Council and a decision by Manitoba Queen’s Bench Chief Justice Glenn Joyal temporarily barring Dewar from hearing sex assault cases.

Dewar said the victim and a friend were dressed in tube tops and high heels when they met Rhodes and another man outside a bar “and made it publicly known that they wanted to party.”

Dewar later apologized for his remarks, acknowledging they “negatively affected women who are victims of sexual assault.”

The Manitoba Court of Appeal later overturned Rhodes’ conviction and ordered a new trial be set. The appeal court ruled Dewar did not properly assess the credibility of the accused and the alleged victim in reaching his verdict.

Dewar’s contentious comments were not a consideration in the appeal court’s ruling.

dean.pritchard@sunmedia.ca

Twitter: @deanatwpgsun

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