Article 604FJ Hamilton man sentenced to four years in prison for sexually assaulting McMaster student and another woman he met online

Hamilton man sentenced to four years in prison for sexually assaulting McMaster student and another woman he met online

by
Kate McCullough - Spectator Reporter
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A Hamilton man convicted of sexual assaulting two young women about month apart was sentenced to four years in prison.

On Tuesday, Justice Kim Carpenter-Gunn sentenced Christopher Yip, 40, to two years for each count, to be served consecutively.

He is also prohibited from carrying weapons, is required to submit a DNA sample, will be on the sex offender registry for life and can have no contact with victims and their immediate families.

In March, a jury found Yip guilty of sexual assault. The jurors also found him not guilty of administering a stupefying drug with the intent to enable or assist himself to commit the indictable offence of sexual assault."

Court previously heard that a McMaster University student met Yip, with whom she'd been friends for years, at a bar for a beer in December 2018. The student testified her second pint - which Yip went to the bar to get - tasted bitter. She drank it, and later woke naked in Yip's bed.

On Tuesday, he pleaded guilty to a second count of sexual assault involving another victim. A related choking charge was withdrawn, but read to the court.

According to an agreed statement of facts, the victim and Yip agreed to have consensual sex on Jan. 12, 2019, after communicating online for several weeks. Contrary to what had been discussed," Yip wasn't wearing a condom, the Crown said. The victim no longer wanted to have sex with Yip and tried to get him to stop. Yip eventually put on a condom, and they continued to have sex because the victim felt she had no choice."

That's when Yip began slapping her in the face, squeezing her arms and choking her. The victim repeatedly told Mr. Yip no'" but he continued, the Crown read.

After the guilty plea, the victim read her statement:

My sexual assault has emotionally impacted me. I don't feel safe. I have lost trust in myself. I have lost trust in others," she began. I am very angry."

She spoke of the emotional, physical and professional impact the assault had and continues to have.

She also shared hope for the future.

For me, the best that can happen is I heal and move forward with what I want for myself," she read. And actually, I have already healed a lot."

The Crown said Tuesday the trial hinged on capacity to consent.

If you don't have capacity you can't consent," said assistant Crown attorney Gordon Akilie.

Both victims were inherently vulnerable in their own respective ways," he said. Their identities are protected by a publication ban.

Do you wish to say anything to the court?" asked Carpenter-Gunn following lawyer submissions.

I do not," Yip replied. Then he stood to receive his sentence.

Carpenter-Gunn deemed the sentence - submitted jointly by the Crown and defence lawyer Lauren Wilhelm - appropriate," citing denunciation" and deterrence" as factors.

There's no doubt" the women did not consent and that Yip was wilfully blind to what was occurring," she said. The judge also said the emotional impact on the victims is evident.

She also said Yip, who has no prior criminal record, has potential for successful rehabilitation and reintegration. She pointed to 13 letters of support from family and friends, adding that's clear Yip has strong links in the community."

You seem to have the tools to improve yourself and be rehabilitated," the judge said.

Finally, the guilty plea saves the stress and resources of another trial and certainly shows remorse," Carpenter-Gunn said.

A group of about 10 family members and friends sat quietly in the courtroom while the judge read the sentence. Yip, who wore a navy long-sleeve polo shirt and dark coloured pants, nodded occasionally from the prisoner's box as the judge addressed him.

I trust that I will never see you here again," Carpenter-Gunn finished.

Family members called to Yip as he was escorted from the courtroom: Love you, talk soon."

He waved goodbye.

Resources for survivors of sexual violence:

SACHA (Sexual Assault Centre, Hamilton and Area): 24-hour support line 905-525-4162; sacha.ca.

Children's Aid Society - intake line: (905) 522-1121.

Catholic Children's Aid Society - intake line: (905) 525-2012.

SAVIS (Sexual Assault and Violence Intervention Services of Halton): 905-875-1555.

Sexual Assault/Domestic Violence Care Centre at Hamilton Health Sciences: 905-521-2100 ext. 73557.

Kate McCullough is an education reporter at The Spectator. kmccullough@thespec.com

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