Almost 5 yrs. for sex assault

A 42-year-old Penticton man who sexually assaulted a young woman in an isolated area, will spend the next 58 months in jail.

Darren MacDonald, who earlier pleaded guilty to charges he was facing including sexual assault with a weapon and using an imitation firearm, was sentenced Tuesday in a Penticton courtroom.

Judge Terry Schultes, handed down the sentence after hearing submissions from crown counsel John Swanson and defence lawyer James Pennington. MacDonald, appearing by video, also read from a statement. There is a publication ban on anything that would identify the victim.

The incident took place on Aug. 11, 2013, when MacDonald and a 19-year-old woman he was acquainted with, met up and first went to dinner in the Oliver/Osoyoos area.

After dinner they were heading back to Penticton, when he drove off on Shingle Creek Road, telling his passenger, he was going up there to get some cash to pay a phone bill.

The area was described as very isolated with very little traffic, basically a dirt road on the side of a mountain.

When they arrived at the location, he stopped the vehicle and got out on the passenger side. He disappeared from sight for a while before coming back with his hand concealed behind his back.

When he got to the vehicle he grabbed the woman by the throat and forced her on to the ground on her stomach. He then tied her hands behind her back using plastic zip straps.

He told her he had a gun, producing an imitation firearm that looked like a Glock semiautomatic handgun.

She believed it was real, because he had previously told her he had a gun. 

After telling her he would shoot her, if she didn't do what he wanted her to do, he forced her back into the vehicle, which had blackened windows. He next tied her feet and ankles using zip ties and a bungee cord to the passenger security handles.

He cut off her clothing and told her, "It's now my night to be selfish."

He then proceeded to sexually assault her. Although the victim repeatedly asked him to stop and told him he was hurting her, he ignored her pleas.

After the woman was released to go to the bathroom, MacDonald told her he was going to commit suicide. Using a camera he made a video, in which he explained he just raped her and his intention to take pills and kill himself.

He then took some pills, started to lose consciousness and got out of the vehicle and threw up. She bundled him in the passenger seat, drove to where there was cell phone reception and called 9-11.

The police attended and he was taken into custody. She was treated at the hospital, where it was observed there were marks on her ankles and wrists consistent with being bound and there was proof of forced sexual penetration.

The incident had a devastating impact on the victim, according to both crown counsel and the judge. In her victim impact statement, she stated she had become withdrawn and afraid of society and can't seem to keep her mind straight.

Pennington explained that what his client meant by saying he would be selfish that night was that he was going to commit suicide.

He further said MacDonald used his phone to make a confession, which took several takes, and gave her instructions on how to drive the vehicle. That vehicle had blackened windows, because MacDonald used it for camping, he said.

In addition, his client has a long standing history of emotional problems and a number of personality disorders, Pennington said.

MacDonald expressed remorse for what he had done in a lengthy statement he read to the court.

He first apologized to the victim, saying he was regretful of his action and wanted to reassure her he had no anger or negative feelings toward her. To the family, he said, he was very sorry for putting them through this nightmare.

There were no family members in court to hear his expression of remorse.

Ultimately, the judge decided on the joint submission given by Swanson and Pennington, stating MacDonald has to understand this behaviour is unacceptable.

MacDonald is, however, only 42 with a long life ahead of him that could be productive, the judge stated.

MacDonald sat quietly through much of the proceedings, but was overcome with emotion when he read his statement to the victim and her family.

The judge initially handed down a sentence of six and a half years, but with time served, MacDonald got 58 months. In addition to serving his sentence, he will be on the sex offender registry and a firearm prohibition for life.