Surrey man gets two years’ house arrest for 2020 sexual assault in Langley after judge rejects Crown’s call for jail time.
Judge opts for house arrest over jail term
A Surrey provincial court judge has sentenced 24-year-old Brian Lee to two years less a day of house arrest, followed by three years of probation, for sexually assaulting a woman in Langley in April 2020. The decision comes despite Crown prosecutors arguing for a custodial term of up to 18 months in jail.
Assault occurred in victim’s family home
Court heard that Lee, then 19, and the victim were both university students when the assault took place at her family’s residence. The following day, Lee sent her a Facebook message expressing regret, calling his actions a “stupid mistake” and acknowledging that lack of explicit consent constitutes rape.
Ongoing contact before police report
The pair continued to see each other for several months before the victim ended the relationship and blocked Lee on social media. She reported the assault to police in October 2023, more than three years after the incident. A publication ban remains in place to protect her identity.
Psychological evaluation cited in sentencing
A psychologist diagnosed Lee with major depressive disorder and adjustment disorder with anxiety, assessing him as a low risk to reoffend. The court also heard testimony from Lee’s current girlfriend, who described him as respectful and mindful of consent.
Judge cites remorse, age, and low risk
Justice Mark Jetté noted the usual sentence range for sexual assault involving intercourse is two to six years’ imprisonment but concluded that Lee’s case was “isolated” and “out of character.” His age at the time, lack of further offences, and high level of remorse weighed heavily in favour of a conditional sentence.
Strict conditions for house arrest
For the first 18 months, Lee must remain in his residence 24 hours a day except for approved purposes such as work, school, medical appointments, and essential errands. For the remainder, he will observe an 11 p.m. to 6 a.m. curfew. Violations could lead to incarceration.
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