Bus terminal groper too intoxicated to talk to lawyer, says Crown

A local man who accosted and groped a young woman at the city bus terminal last year was granted a conditional charge and placed on probation when he appeared in a Sault Ste. Marie courtroom Monday.

Martin Pufal, 24, was facing a charge of sexual assault in connection with the June 3 incident, but the Crown accepted a plea of guilty to a count of assault.

Ontario Court Justice John Condon heard city police were called to the Dennis Street terminal, shortly before 6:30 p.m. that evening, about a reported sexual assault.

The two officers found the complainant "crying and in a state of shock," prosecutor Robert Skeggs said.

She told them she was sitting on bench outside the terminal waiting for her bus when an intoxicated male approached her

The man put his arm around her, and began rubbing her inner thigh with his hand, the assistant Crown attorney said. 

When she became upset, Pufal then touched her breast, and as she tried to get help he followed her.

Officers located the accused, who told them he was sorry, at the depot.

Pufal was so intoxicated that he couldn't speak with a lawyer, Skeggs told the court.

Defence lawyer Lindsay Marshall said her client, who has no prior criminal record, takes medication for schizophrenia and depression.

"He was severely intoxicated" at the time, but "accepts that it happened."

Describing Pufal as "truly remorseful," she said he realizes he can't have alcohol and has signed up for counselling.

Noting Pufal has a series of diagnoses, Skeggs said there had been some analysis and much discussion about how to proceed with this matter, and the resolution was not meant to take away from what was experienced by the complainant.

"The Crown has some insight into his medical background," he said, indicating in a response to a question from Condon that the victim had been notified of the proposed resolution of the case.

When the accused told Condon he's sorry for what happened, the judge asked if he had any sense of the impact it had on the victim.

Pufal replied that he was sure she was "very scared" at the time.

"This woman, young or old, age doesn't matter, was sitting at the bus terminal, minding her own business, when a complete stranger in an intoxicated state sits down next to her, touches her," the judge told him.

"It got to the point where she had to scream for help."

When he accepted the joint sentencing submission, Condon said a conditional discharge wasn't contrary to the public interest.

"I also have to consider your personal circumstances," he told Pufal, noting Marshall "says you have changed since last year."

During his 12-month probation, Pufal must undergo counselling for alcohol abuse and psychiatric issues.

Condon also told him he is to have no contact with the complainant and that includes everything from Facebook "to a wave on the street."

As well, he must stay away from her residence, place of employment or place of education.

Pufal also was ordered to provide a DNA sample for the national database.

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