Sudbury man gets three years in prison in historical sexual assault case

A Sudbury man has been sentenced to three years in prison after being found guilty of sexual assault in connection with a threesome in 2013 but doesn't have to register as a sex offender.

Eric Fraser, 31, was arrested in 2019 and was convicted Oct. 21, 2022, more than nine years after the incident.

Some of the sexual activity between the trio was consensual, but became non-consensual with Fraser at one point.

In Canada, there is no statute of limitations on sexual assault.

"The complainant testified that she did not realize that she had been 'raped' until some four years after the events in question," Justice R. Dan Cornell wrote in his sentencing decision, read in court July 22, 2024.

"She told us that after providing a counsellor with her excuses about this activity, the counsellor told her that she had been 'raped.'"

The other man involved in the threesome pleaded guilty to common assault prior to Fraser's jury trial.  

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Consent can be rescinded

"Consent is defined as the voluntary agreement, by words or conduct, to engage in sexual activity," the Sudbury Sexual Assault Centre said on its website.

"The law also states that people have the right to change their minds at any point in a sexual encounter and to withdraw consent by words or conduct."

People engaging in sexual activity are required to take reasonable steps to find out if consent has been given.

"There was evidence from the complainant that she spoke up at one point in time telling them to stop, but she testified that Mr. Fraser told her 'You're not done until I say you're done.'"

Fight, flight or freeze

Survivors of sexual assault respond in different ways.

"The victim has no control over how they will respond to this traumatic event and many will freeze," the sexual assault centre said.

In this case, despite the survivor saying the incident was the "most terrifying thing that had ever happened to her," she ended up reaching out to Fraser a month later and hanging out with him.

Before the trial, Cornell ruled the details of that time together were not to be presented to the jury.

Sex offender registry

The judge agreed with the joint sentencing submission of three years incarceration but disagreed with the Crown's argument that Fraser should be registered on the National Sex Offender Registry for 20 years.

Only police agencies can access the sex offender database, as the registry is not open to the public.

Because the accused didn't have a criminal record, had a "favourable" pre-sentence report and was assessed as a low-risk sex offender with minimal risk of reoffending in the future, Cornell said he did not need to be registered.

In addition to prison time, Fraser must submit a DNA sample, is prohibited from having any firearms for 10 years and must not communicate with the complainant. 

Fraser remains out on bail pending an appeal to the Court of Appeal for Ontario, one of his defence lawyers Glenn Sandberg told CTVNewsNorthernOntario.ca in an email Wednesday morning.

Resources for sexual assault survivors in Canada

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

• If you are in immediate danger or fear for your safety, you should call 911.
• A full list of sexual assault centres in Canada that offer information, advocacy and counselling can be found at ReeseCommunity.com. Resources in your community can be found by entering your postal code. 
• Helplines, legal services and locations that offer sexual assault kits in Alberta, B.C., Saskatchewan, Manitoba, Quebec, Ontario and Nova Scotia can be found here.
• National Residential School Crisis Line: 1-866-925-4419
• 24-hour crisis line: 1-416-597-8808 
• Canadian Human Trafficking Hotline: [phone] 
• Trans Lifeline: 1-877-330-6366
• Sexual misconduct support for current or former members of the Armed Forces: 1-844-750-1648

Read about your rights as a victim here.