The Guardian (Charlottetown)

Two-time sex offender sentenced to 40 months

- BY JIM DAY

A Kensington man was sentenced to 40 months in jail on his second sexual assault conviction in four years.

Chief Provincial Court Judge Nancy Orr credited 35-year-old Jeffrey Lee Hogg 345 days for time served.

A lifetime sex offender registry order was imposed. Hogg must also provide DNA samples for analysis. Orr cited several aggravatin­g factors in imposing a sentence that is 13 months longer than the one Hogg received in 2012 following his first sexual assault conviction.

The judge said the need for deterrence is “much more significan­t’’ in this case because Hogg was still on parole for his first sexual assault conviction as well as the fact Hogg repeated the same serious offence.

Orr described the attack as a “higher end’’ sexual assault with extremely damaging consequenc­es to the victim.

“There is a great deal of loss to the victim in respect to this manner,’’ she said.

Crown attorney Valerie Moore told the court the sexual assault has had a “significan­t impact’’ on the victim.

The victim, who cannot be identified due to a publicatio­n ban, had difficulty sleeping for a number of months following the attack, noted Moore.

The victim also received bruises from trying to kick and pull away from Hogg — a heavyset man estimated to weigh roughly three times that of the victim.

She experience­d chest pains, too.

The victim, who has sought counsellin­g, also developed a fear of going on boats, added Moore.

It was on a boat on Aug. 20, 2015, near New London that Hogg sexually assaulted the woman while the woman’s baby slept nearby.

He met the woman through Plenty of Fish, the same online dating site where he met his first sexual assault victim that he was accused of raping in the back of his truck.

Moore said Hogg’s actions leading up to the most recent sexual assault last year could be called “predatory.’’

Hogg, the Crown attorney noted, dangled the prospect of an attractive office job that didn’t exist as bait to lure the victim on a boat.

The woman had clearly – and repeatedly – communicat­ed before the encounter that she was not looking to have sex.

“He created the opportunit­y,’’ said Moore. “It was not done on impulse.’’ Hogg forced himself on the victim despite the woman’s protests and efforts to push him away.

Moore suggests the victim’s panic attack likely helped spare her from intercours­e.

Orr noted a person has the right to determine whether or not to engage with a person in any sexual manner, adding that no means no.

She said Hogg put his victim in a very vulnerable position “being on a boat, in the middle of a river, with a baby on board.’’

Orr said the victim needed to ensure that she and her child could get back to shore.

Hogg, who has a criminal record that includes impersonat­ing a police officer and thefts, stood in court to apologize to his victim just before Orr delivered her sentence.

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