“My hope is that this will help (give) other gay men the encouragement to say something, speak up and know that what happened to me is not right and will never be right,” said the victim, who cannot be identified. she wrote
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Forcing his casual lover to have sex before he can put on a condom should land a Calgary man up to four years in prison, a prosecutor argued Thursday.
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Crown counsel Pam McCluskey told Provincial Court Judge Anne Brown that a message should be sent to deter such conduct.
McCluskey noted that the message should not only be directed at potential perpetrators, but also at law enforcement officials who may not take such complaints seriously.
The prosecutor also read a statement from Dennis John Cummings’ victim, in which he expressed hope that the case would encourage other victims to come forward.
“My hope is that this will help (give) other gay men the encouragement to say something, speak up and know that what happened to me is not right and will never be right,” said the victim, who cannot be identified. she wrote she.
Brown convicted Cummings, 44, of sexual assault in April in connection with a casual relationship he arranged with his victim on the dating app Grindr.
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The March 29, 2020 appointment occurred when the victim went to Cummings’ home after arranging to have sex with a condom.
When the victim became aroused and expressed a desire to put on a condom before continuing, Cummings proceeded to have sex with him.
Defense attorney Kelsey Sitar suggested a two-year term in a federal penitentiary that would allow her client to get counseling on issues including mental health and addictions.
“He has spent most of the last decade struggling with mental health issues, addiction and homelessness,” Sitar said.
The attorney also read a lengthy statement from her client in which Cummings detailed her struggle with drug abuse, which worsened after her partner’s death in 2012.
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Cummings wrote that he has been haunted by the untimely death of his partner, believing that if he had encouraged him to seek medical intervention sooner, it could have saved his life.
“I have not fully accepted the death of my partner,” he wrote, explaining his drug use.
“I have never forgiven myself for the decision I made, or his decision, not to get medical treatment sooner,” Cummings said.
“This has been haunting me since 2012 and will continue to haunt me for the rest of my life.”
McCluskey also noted that Cummings was HIV positive when he was arrested by police on July 1, 2020, but Brown accepted Sitar’s claim that it could not be considered an aggravating factor because the prosecution did not present evidence showing that he had the disease when he assaulted. sexually to his victim. .
Brown has tentatively set a sentencing date for Sept. 16, unless Sitar, in consultation with his client, decides to seek a psychological evaluation.
On twitter: @KMartinCourts
