Johnson sentenced 3 years for rape of 16-year-old girl
Having sex with a girl too drunk to consent is a “serious crime of violence” that needs to be denounced, said the Superior Court judge who sentenced fallen hockey star Ben Johnson Tuesday to three years in prison.
“You violated her. You injured her both physically and mentally,” Justice Kirk Munroe told the former Windsor Spitfire. It was “forcible and criminal.”
Johnson, 22, was convicted of sexual assault for raping a 16-yearold girl in the women’s washroom of the now-defunct downtown nightclub Mynt in March 2013. Johnson, who was 18 at the time, forced the girl to perform oral sex before having vaginal intercourse with her. Afterward, the girl was found in the bathroom stall barely conscious, with profuse vaginal bleeding.
Johnson, at trial, denied having intercourse with the girl, but said the oral sex was consensual. His defence included discussion of what the girl was wearing, the way she was dancing and how much she had to drink.
In an interview on the courthouse steps after the sentencing, the girl’s mother said the judge’s words go a long way to combating “rape culture” and society’s tendency to blame and shame victims.
“People questioned her actions, questioned what she wore.… None of that gives anyone the right to violate a woman.”
The mother, who can’t be named to protect her daughter’s identity, said the family is relieved the case is finished. “This is now in the rearview mirror,” she said. “We can now move on as a unit, as a family.… I feel that justice was served.”
At the end of the sentencing hearing, Munroe addressed the family and said, “I pray for your peace.” He told the Johnson family he prays for them, too.
“We appreciated that,” said the victim’s mom. “The judge was always thorough and always sensitive.”
Munroe spoke of “society’s abhorrence” for rape. It “denies women the right to exercise freedom of choice,” he said.
Munroe noted all the things Johnson has going for him — his young age, that this was his first conviction for any crime, that he has a good work ethic and that he has the support of his family and community. But, the judge said, “The weight to be given to this is diminished by the nature of the crime.”
Munroe reiterated his findings after the 11-day trial. “The young woman at the time was so drunk as to be incapacitated,” he said. “She was incapable of consent.”
Defence lawyer Patrick Ducharme had told the court Johnson has already been punished through the loss of his NHL entry contract with the New Jersey Devils.
The judge rejected his submission that the judge should also consider the fact the girl and her family have named Johnson in a $3.95-million civil suit.
Munroe disagreed. “He gets no credit for the victim in this case seeking redress in the civil courts.”
Assistant Crown attorney Scott Kerwin had asked for a sentence of 3½ to four years.
Munroe said he did not want to impose a sentence that would “cripple” Johnson’s ability to become a productive member of society. Court heard Johnson is taking online business courses and recently married.
And, added the judge, “This sentence is not to exact revenge.”
In addition to a penitentiary term, Johnson will be registered in Canada as a sex offender, meaning for the next 20 years he must always keep police apprised of his address, employment and details like what kind of car he drives.
The judge also imposed a 10-year weapons prohibition.
Windsor police Sgt. Sean Bender, who investigated the case, met with the victim’s family after the sentencing.
“This is step one in their healing process,” he said. Of the sentence, Bender said, “I think he was more than fair.”
He gets no credit for the victim in this case seeking redress in the civil courts.