Cape Breton Post

Jail given for sex offence

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An Eskasoni man was given a jail sentence followed by probation Friday after pleading guilty to a charge of sexual assault.

Davis Joseph Prosper, 22, was given a four-month jail sentence to be followed by a 18-month probation period. He was also ordered to supply a DNA sample to the national registry and is to be a registered sex offender for 20 years.

Prosper is also banned from possessing weapons for 10 years with the exception he is allowed to use a weapon for hunting for food purposes only.

In passing sentence Friday, Supreme Court Justice David Chipman also ordered Prosper pay a $200 victim surcharge and gave him one-year in which to pay.

Prosecutor John MacDonald told the court the offence occurred in a residence in Eskasoni on Aug. 5, 2016.

He said Prosper was at a home and followed a 16-year-old into her bedroom. While the girl laid on the bed texting her boyfriend, MacDonald said Prosper began touching her.

The touching progressed to an attempt to remove the girl’s shorts. The girl refused Prosper’s advances and made repeated efforts to stop him from pulling off her shorts.

MacDonald said Prosper did push the shorts away from the girl’s vaginal area and digitally pentetrate­d her and attempted oral sex.

He recommende­d a jail sentence of two years.

MacDonald said Prosper was on conditions at the time of the offence having been previously charged with unrelated infraction­s.

He said the victim was under 18 at the time and Prosper was four years older.

Defence lawyer Blair Kasouf recommende­d a three-month intermitte­nt sentence (to be served on weekends) along with a period of probation.

In passing sentence, the judge said Prosper’s actions were impulsive for his own gratificat­ion at the expense of the victim.

He also noted that given the informatio­n presented in two court reports, Prosper holds great potential and felt a lengthy jail term would not be appropriat­e.

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