Man found guilty of sexual assault awaits sentence

Joseph MacGillvray denies sexually assaulting teen girl despite judge finding him guilty

A Stratford man who was found guilty of sexually assaulting a teenage girl he didn’t know will be back in court next week to hear his sentence.

Joseph MacGillvray, 22, appeared before Chief Judge Nancy Orr in provincial court in Charlottetown Friday where lawyers for the Crown and defence made sentencing submissions.

Orr found MacGillvray guilty of sexual assault after a trial in October during which he and the victim were the only two witnesses.

He denies sexually assaulting the girl.

During her submissions, Crown attorney Valerie Moore said MacGillvray and the victim were strangers when he sexually assaulted her.

Moore said MacGillvray later sent the victim messages through Facebook that were an admission of what he did and they included saying he was sorry eight times.

The victim said in the messages that MacGillvray raped her, but he denied it was rape.

Moore said the sexual assault involved penetration and had a significant impact on the victim.

The victim testified she kept telling MacGillvray to stop and he eventually did.

MacGillvray didn’t show up for court the morning of his trial and was arrested that day after Orr issued a warrant.

Moore said he was emotional, agitated and made disparaging remarks on the stand about the victim, including calling her a slut or slutty.

A pre-sentence report was prepared for the case, which Moore said included McGillvray telling the writer the victim lied on the stand, he felt he was being treated unfairly and people were twisting his words.

The Crown sought a sentence of two to three years in jail.

Before hearing defence submissions, Orr said MacGillvray’s mother sent her an email prior to the sentencing, but she didn’t read it.

Orr said it was inappropriate. MacGillvray’s father also tried twice to address the court, speaking up from the public gallery.

Orr didn’t allow it either time. Defence lawyer Yolande Murphy said MacGillvray feels he is struggling with anxiety and depression.

After speaking with MacGillvray’s father in the courtroom, she said the accused was assessed for attention deficit disorder when he was younger but did not go on Ritalin despite a recommendation that he do so.

Murphy recommended a sentence in the one-year range.

MacGillvray also addressed the court and read from a prepared statement, saying he was arrested at home in his bed and wished he had taken the charge more seriously before his conviction. As he stood at the defence table with his wrists and feet shackled, MacGillvray said he wanted everyone to see he is a nice guy.

He told the court he has always been a good person.

“I’m very sorry for all that has happened,” MacGillvray said.

His time in jail has made him realize how much he values his freedom, MacGillvray said.

“Life is too short to be spent behind bars.”

Orr adjourned until Nov. 29.

A publication ban prevents the release of any details that could identify the victim. the matter