Canadian musician Jacob Hoggard was sentenced to five years behind bars on Thursday in the sexual assault of an Ottawa woman, an offence the presiding judge called a 鈥減articularly degrading rape.鈥
In delivering her sentence in a downtown Toronto courtroom, Ontario Superior Court Justice Gillian Roberts said Hoggard鈥檚 offence involved 鈥済ratuitous degradation鈥 and 鈥済ratuitous violence.鈥
鈥淚t is no exaggeration to say that (the woman) is no longer the same person she was before the attack. She was physically hurt 鈥 far more significant was the psychological hurt,鈥 Roberts said.
鈥淲hatever fleeting moments of gratification Mr. Hoggard derived from his conduct, they have come at the staggering and utterly unacceptable cost of forever changing (the woman鈥檚) life.鈥
The judge said she accepted the woman鈥檚 evidence 鈥渋n its entirety.鈥
The 2016 sexual assault took place in a Toronto hotel room and the Ottawa woman told Hoggard鈥檚 sentencing hearing that what happened will haunt her for the rest of her life.
The judge accepted as fact that Hoggard raped the woman multiple times anally, vaginally and orally, choked her, spit on her, called her a slut and a pig and oinked at her like an animal.
The Crown had sought a sentence of six to seven years 鈥 above the normal range for a sexual assault by someone with no criminal record, court heard. The prosecution argued Hoggard was a risk to the public.
Meanwhile, the defence had argued Hoggard should remain behind bars for three to four years. They pointed to a psychiatric report that said he was a low risk to reoffend and had a good chance of rehabilitation.
Dr. Hy Bloom, a forensic psychiatrist, was retained by the defence to evaluate whether Hoggard had any sexual paraphelias. He concluded Hoggard did not.
Bloom said Hoggard鈥檚 sexual problems were rooted in fans throwing themselves at him. Court heard Hoggard had some 200 sexual partners in his life, with 60 to 70 per cent of them being fans.
The judge said she did not accept Bloom鈥檚 report that said Hoggard was a low risk to reoffend.
鈥淭he Crown rightly points out that Mr. Hoggard was always impulsive and promiscuous, prior to and apart from his life as a rock star,鈥 Roberts said.
鈥淚 agree with the Crown that we cannot say that Mr. Hoggard will never again find himself in a situation where he has a sexual opportunity, wants to validate himself, and impulse takes over.鈥
The judge said Hoggard鈥檚 sentence needed to be proportionate to the gravity of the offence and Hoggard鈥檚 circumstances, including his degree of responsibility.
鈥淚t must be sufficient to reflect the inherent harmfulness of a manipulative and particularly degrading rape,鈥 she said. 鈥淚n all the circumstances of this offence and this offender I believe a fit and appropriate sentence is five years.鈥
Outside court, Crown attorney Jill Witkin applauded the jury鈥檚 verdict and the judge鈥檚 sentencing decision.
鈥淢r. Hoggard鈥檚 conviction and sentence sends a message to our community that sexual violence will not be tolerated by anyone,鈥 Witkin said.
Hoggard had also been charged with sexual assault causing bodily harm in the case of a teenage fan, as well as sexual interference involving that complainant but was found not guilty on those offences.
Witkin thanked both complainants for coming forward.
鈥淭hey were very brave, came forward in 2018. They spoke to the authorities, they testified in court at a preliminary hearing and at trial and they should be commended for that,鈥 she said. 鈥淚t鈥檚 a difficult process, but it鈥檚 a necessary process.鈥
The 38-year-old Hedley frontman had pleaded not guilty to all charges.
A jury deliberated for six days and twice found itself deadlocked on 鈥渟ome counts鈥 before finding Hoggard guilty in June of sexual assault causing bodily harm in the Ottawa woman鈥檚 case.
The woman, who was in her early 20s at the time, said Hoggard choked her so hard she thought she was going to die. She testified the sexual assault lasted for hours.
Hoggard said at trial that he had consensual, 鈥減assionate鈥 sex with both complainants.
He denied choking the Ottawa woman, but said the other elements described, such as spitting and slapping were among his sexual preferences 鈥 and could have happened.
At a sentencing hearing earlier this month, the Ottawa woman told court the incident left her paralyzed with fear and despair for months.
The woman, who cannot be named due to a standard publication ban, said the sexual assault robbed her of her confidence, her dreams and altered her life.
鈥淚 was never the same after that day,鈥 she said. 鈥淎 part of me died that day that I will never get back.鈥
The judge also recognized how difficult the trial was on the Ottawa woman, including the playing of a telephone call in cross-examination between her and Hoggard that the former musician surreptitiously recorded.
鈥淪uch an experience should no longer be an ordinary or expected aspect of being a complainant in a sexual assault trial,鈥 Roberts said, citing a recent Supreme Court of Canada decision that upheld rape shield rules that prevent sexual assault complainants from being ambushed on the stand with recordings and other documents.
Hoggard has appealed the decision and is set to have a bail hearing Thursday afternoon at the Court of Appeal for Ontario.
After the decision was read in court, Hoggard, dressed in a black suit and tie over a white shirt, walked over to his wife in the court鈥檚 gallery. He hugged and kissed her goodbye.
鈥淒on鈥檛 worry,鈥 he whispered. 鈥淚 love you so much. I鈥檒l talk to you soon.鈥
Guards then handcuffed him and led him out of court.
鈥擫iam Casey, The Canadian Press