McKinnon gets federal time for 'degrading and humiliating' sexual attack

Ernest McKinnon is headed to a federal prison for four years for his 2016 sexual attack on a woman - acts the judge described Friday as "exploiting, degrading and humiliating" the victim.

The 61-year-old local man "reduced the complainant to less than human status," Superior Court Justice Edward Gareau said.

"He confined her and made her an object of his dominance. He branded her with his initials as if she was his chattel who he owned and possessed. He took pictures of her in a compromised position over which she had no control."

Gareau convicted McKinnon of two counts of sexual assault, unlawful confinement and voyeurism (for surreptitiously taking photographs of the victim with his cell phone) on Oct. 5.

The offences occurred more than two years ago when an evening of consensual sex turned into non-consensual activity.

McKinnon had anal intercourse with the woman, sexually assaulted her with a black marker, confined her by tying her up, took photographs of her in various sexual positions and while they were engaged in sexual relations and put his initials on her thigh.

A publication ban prohibits reporting any information that could identify the victim.

At a sentencing hearing Monday, prosecutor David Kirk urged the judge to imprison McKinnon for six years.

Defence lawyer Bruce Willson suggested an Ontario correctional sentence (up to two years less a day) in the mid-range of 12 to 18 months, with a recommendation that his client receive counselling while incarcerated in a provincial institution.

When he imposed sentence, Gareau cited a number of mitigating factors, including McKinnon's lack of a related criminal record (he has a 2011 conviction for impaired driving) and the fact that his will be his first custodial sentence.

The judge pointed to an "overall favourable" pre-sentence report that described the devastating effect the death of his wife had on McKinnon and how the bricklayer turned to alcohol to cope with the loss.

Gareau noted even the complainant had indicated that the incident was "completely out of character" for McKinnon and called him a "kind and easy going man."

The author of the report stated that McKinnon had expressed empathy toward the victim and "doesn't understand why he acted in such a way."

Gareau said McKinnon's "remorse is sincere and genuine" and "he understands and accepts the consequences of his actions."

However, the number of aggravating factors "far outweigh" the mitigating ones, and call for an elevated sentence, the judge said.

McKinnon's actions had a devastating effect on the victim and in her words changed her life forever, leaving her "in a constant state of fear and anxiety," he said.

The woman still suffers from post traumatic stress disorder, anxiety disorder, depression, nightmares, self-doubt, hopelessness and meets with a sexual assault counsellor weekly.

In her victim impact statement, the once-financially independent woman said she is now financially destitute with no credit, no job and is still unable to work.

"My whole personality has changed. I used to be outgoing and confident, now I am fearful and introverted."

Gareau said "the act of sexual assault strips the victim of their dignity and the ability to make a choice about acts of intimacy and what happens to their body."

The psychological trauma experienced by the woman as the result of McKinnon's actions mirrors comments the Supreme Court of Canada has made, he said.

In the cited case, the high court said the trauma suffered by rape victims has been well documented.

"It involves symptoms of depression, sleeplessness, a sense of defilement, the loss of sexual desire, fear and distrust of others, strong feelings of guilt, shame and loss of self-esteem."

Gareau imposed four years incarceration for one of the sexual assault counts and two years concurrent for the second.

As well, McKinnon received two six-month concurrent jail terms for the forcible confinement and voyeurism offences.

Concurrent sentences are appropriate since the offences involved one set of events on one day and one victim, Gareau said.

McKinnon must register as a sex offender for life and must also provide a DNA sample for the national database.

The judge also imposed a mandatory life-time firearms prohibition.

While he is serving his sentence, McKinnon must not have any contact with the victim.

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