Warning: this story contains details of sexual assault
A man who was found guilty on one count of sexual assault in October has now been sentenced to three-and-a-half years imprisonment after a sentencing hearing on July 4 in Victoria, led by Supreme Court Justice Andrew Majawa.
The assault occurred in January 2023 when the victim, only named as M.R. in court documents, had met a friend in downtown Victoria for food and drinks before spending the night at her friend's house, where she met her friend's partner, 39-year-old Wayne Michael Dick.
M.R. fell asleep on her friend's couch and woke up later to Dick sexually assaulting her.
Majawa said she told Dick to stop, but he instead put his hand over her mouth and aggressively told her to shut up before she went silent.
He eventually left the room, and she called a crisis line, met with police outside the residence and was taken to Victoria General Hospital where she was seen by a forensic nurse examiner who observed recent blunt force injuries to her vagina and anal regions.
In her victim impact statement, M.R. described experiencing nightmares and loss of sleep after the incident. She dropped out of a college program, and she was involuntarily committed to hospital for several weeks after experiencing suicidal ideations.
"She no longer feels safe or free to live her life. Many simple pleasures are gone, and she describes being withdrawn from the world," said Majawa.
Dick, a member of Mowachaht-Muchalaht First Nation from Campbell River, has a prior sexual assault conviction from 2003 where he received a six-month jail sentence. He also has recent convictions in 2015 and 2017, where he was convicted of assault of an intimate partner, and assaulting and obstructing a police officer in 2023.
A Gladue report painted a picture of Dick's upbringing, where he first began consuming alcohol at around seven years old. His father, grandfather, and other family members all struggled with alcohol abuse problems, and he was a witness to rampant alcohol abuse in his community throughout his childhood as members of his family were victims of the residential school system and the '60s Scoop.
"Mr. Dick was the victim of sexual abuse through much of his childhood. This abuse was perpetrated by other young members of the community. His first sexual experience was at around age five when he was sexually abused by another child who was approximately five years older. Mr. Dick grew up in a highly sexualized environment where pornography was readily accessible to the children at a young age," noted the decision.
Dick was sentenced to three years and six months imprisonment, counting the 253 days already served, along with paying a victim surcharge.
"As mentioned, I have no doubt that Mr. Dick's experiences as an Indigenous person have had a significant bearing on his offending and that this reduces his moral culpability. However, this must be weighed in light of the very high degree of intrusion and violation of M.R.'s sexual integrity by virtue of this assault," said Majawa.
