A drywaller who had sex with a sleeping woman who didn’t consent was given an 18-month conditional sentence, including house arrest and a curfew.
After a trial, David Finney, 30, was found guilty of sexual assault.
Finney sexually assaulted a woman as she slept off a drinking binge in December 2011. The incident came after another woman in the home, a friend of Finney's, had suggested a threesome with the woman, something Judge Roy Dickey found was "partly in jest and partly seriously."
After the two women passed out in the same bed, Finney crawled between them. He'd had sex with his friend in past, but had only met the eventual victim that evening.
The victim testified she awoke to find Finney on top of her, having sexual intercourse.
“Mr. Finney took advantage of the woman while she was intoxicated and asleep,” Dickey said. “But it was a single incident where the offender was intoxicated and stopped when told.”
In addition to the conditional sentence, Finney will serve a two-year probation.
His boss said he is a model employee and Finney supports a family. He is a First Nations man who suffered sexual abuse as a child.
For the first nine months Finney will be subject to house arrest, except to go to work. Following that he is bound by an evening curfew.