WARNING: This article contains abuse details.
Canadian musician Jacob Hoggard was sentenced Thursday to five years in prison by a Toronto judge.
It was the third and final day of a sentencing hearing which began earlier this month.
Hoggard, the former lead singer of rock band Hedley, was convicted of sexual assault causing bodily harm in June after raping an Ottawa woman in 2016.
The Crown was seeking a sentence of six to seven years for Hoggard – above the normal range for a sexual assault by someone with no criminal record, the court heard. The prosecution argued that Hoggard posed a risk to the public.
Meanwhile, the defense proposed a more lenient sentence of three to four years. They referred to a psychiatric report which said he was at low risk of reoffending and had a good chance of rehabilitation.
Sentencing in a downtown Toronto courtroom, Ontario Superior Court Judge Gillian Roberts said Hoggard’s offense involved ‘gratuitous degradation’ and ‘gratuitous violence’ “.
“It is no exaggeration to say that [the woman] is no longer the same person she was before the attack. She was hurt physically… far more significant was the psychological injury,” Roberts said.
“Whatever fleeting moments of satisfaction Mr. Hoggard derived from his conduct, they came at the staggering and utterly unacceptable price of forever changing [the woman’s] life.”
The judge said she accepted the woman’s testimony “in its entirety”, including that Hoggard raped the woman multiple times anally, vaginally and orally, choked her, spat on her, called a slut and a pig and had made him squeak like an animal.
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“A proper and appropriate sentence is five years”
Dr. Hy Bloom, a forensic psychiatrist, was retained by the defense to assess whether Hoggard had sexual paraphelias. He concluded that Hoggard did not.
Bloom said Hoggard’s sexual issues were rooted in fans throwing themselves at him. The court heard that Hoggard had had some 200 sexual partners in his lifetime, 60-70% of whom were fans.
The judge said she did not accept Bloom’s report that Hoggard was at low risk of reoffending.
“The Crown rightly points out that Mr. Hoggard was always impulsive and promiscuous, before and outside of his rock star life,” Roberts said.
“I 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 the impulse takes over.”
The judge said Hoggard’s sentence should be commensurate with the seriousness of the offense and Hoggard’s circumstances, including his degree of responsibility.
“It must be enough to reflect the inherent harmfulness of manipulative and particularly degrading rape,” she said. “In all the circumstances of this offense and this offender, I believe a fit and appropriate sentence is five years.”
In a statement to the media, Crown Attorney Jill Witkin applauded the jury’s verdict and the judge’s decision on sentencing.
“Mr. Hoggard’s conviction and sentence sends a message to our community that sexual violence will not be tolerated by our community, by anyone,” Witkin said.
Ari Goldkind, a Toronto criminal defense attorney, told CBC News the five-year sentence “has served its purpose.”
“It was also the judge’s way of appealing a conviction appeal because, rest assured, a very strong conviction appeal is coming,” he said.
Goldkind added that he believed Hoggard would be released on bail.
“He will have a very strong sentencing appeal, but the sentencing appeal seems less exciting given the encounter in the middle.”
Hoggard had pleaded not guilty
Hoggard pleaded not guilty to all charges during his trial in June. Her attorneys had argued that Hoggard had consensual sex with the plaintiff.
Hoggard was also charged with sexual assault causing bodily harm against a 16-year-old fan and sexual interference involving that complainant, but was found not guilty of those charges. Neither plaintiff can be identified under a publication ban.
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The Ottawa woman was in her early 20s when Hoggard, a native of British Columbia’s Lower Mainland, assaulted her in a hotel room in Toronto. A jury deliberated for six days and twice deadlocked on “certain counts” before convicting Hoggard of sexual assault causing bodily harm in the Ottawa woman’s case.
The woman said Hoggard choked her so hard she thought she was going to die. She testified that the sexual assault lasted for hours.
Hoggard testified at trial that he had consensual and “passionate” sex with the two plaintiffs. He denied choking the Ottawa woman, but said the other elements described, such as spitting and slapping, were part of his sexual preferences – and could have happened.
Farrah Khan, director of Consent Comes First at Toronto Metropolitan University, told CBC News she was grateful to those who came forward.
“I hope some survivors will feel more emboldened to report and feel safe trusting a system, although the system is still very flawed and we have seen it happen time and time again,” he said. she declared.
“I hope this will spark a conversation about what we should expect, not only from people in the public eye – so musicians, politicians – but we should also expect people around them not to allow behavior and hesitant to report it.”
“I’ve never been the same”
At a sentencing hearing earlier this month, the Ottawa woman told the court the incident left her paralyzed with fear and despair for months.
The woman said the sexual assault robbed her of her confidence, her dreams and changed her life.
“I was never the same after that day,” she said. “A part of me died that day that I will never find again.”
Hoggard appealed the decision and is scheduled to hold a bail hearing Thursday afternoon at the Ontario Court of Appeal.
Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through this Government of Canada website or the Canadian Association for the Elimination of Violence Database. If you are in immediate danger or fear for your safety or the safety of those around you, please call 911.
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