Club owner gets 30 months for sex assault on friend
A Saskatoon nightclub owner described as a “pillar of the community” has been sentenced to 30 months in prison for sexually assaulting his passed-out friend.
The prison term will be reduced by nearly three months to account for the time Skipp Edward Anderson spent in custody since a jury found him guilty in January.
Following the four-day trial, jurors determined that drunken sex between Anderson and the 22-year-old man following a hot tub party at Anderson’s home in 2016 was non-consensual.
At Tuesday’s sentencing hearing in Saskatoon Court of Queen’s Bench, the Crown sought a threeyear sentence — the general starting point for a major sexual assault in Saskatchewan. Prosecutor Tamara Rock said Anderson was “opportunistic” when he took advantage of his friend, who she called a “defenceless victim.”
However, Justice Ronald Mills ruled 30 months reflects the need for denunciation as well as Anderson’s personal circumstances.
The 41-year-old lost his business, Pink Nightclub, and his reputation in both the business and LGBTQ communities has taken a great fall, the defence said when arguing for a 30-month sentence.
“There are consequences to bad behaviour,” Justice Ronald Mills replied.
He also acknowledged that the victim has suffered negative consequences for coming forward about the assault. Reading from a statement, the victim told court he lost his circle of friends, his creative pursuits and his self-confidence. “I lost a sense of safety,” he said. Court heard Anderson had no prior criminal record and is considered to be of “good character.” A stack of support letters described Anderson as generous, supportive and loving — someone who gives jobs to newcomers and regularly organizes charity events. One man even credited Anderson’s friendship with saving his life.
Mills told Anderson his community involvement is at odds with his criminal behaviour, suggesting this was an “anomaly.”
“People of upstanding character commit sexual offences,” Rock said in her submissions, adding this is often shocking to society and hard for people to accept, which creates an uphill battle for complainants.
The victim testified that he blacked out in Anderson’s hot tub and awoke to Anderson anally penetrating him in a bedroom. He said he has no memory of consenting to the sex and told Anderson to stop. Anderson said he crawled into bed with the man to cuddle, and that the man initiated and actively engaged in sex by getting on top of him. Defence lawyer Brad Mitchell argued that although Anderson admitted he was extremely intoxicated earlier in the night, there is no evidence that suggests he was too drunk to comprehend the complainant’s level of intoxication later that morning.
In his charge to the jury in January, Mills said if jurors found the complainant did not consent, or was incapable of consenting to sexual activity due to intoxication, then they had to find Anderson guilty of sexual assault. However, if jurors believed the complainant did consent, or that Anderson had an honest but mistaken belief of consent, they had to acquit.
“We had a very brave and strong complainant. I was so pleased that his voice could be heard and I’m hopeful that his experience will allow people who have experienced sexual violence to come forward,” Rock said after the guilty verdict.
Outside court on Tuesday, she said the 30-month sentence still sends a strong message.
“When someone is incapacitated by alcohol, there is no consent available, that’s the law. And that’s what this case has been about.”