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“They made their intentions publicly known that they wanted to party,” said the judge. He noted the women spoke of going swimming in a nearby lake that night “notwithstanding the fact neither of them had a bathing suit.”

The foursome left the parking lot and headed into the woods, court was told. Rhodes began making sexual advances toward the victim, who initially rejected him but later returned his kisses. Rhodes then forced himself upon the woman once they were alone.

Rhodes pleaded not guilty at the trial on the basis he thought the woman had consented. Judge Dewar rejected his defence — but said aspects of it can now be considered on sentencing.

“This is a different case than one where there is no perceived invitation,” he said. “This is a case of misunderstood signals and inconsiderate behaviour.”

Judge Dewar said he didn’t want to be seen as blaming the victim, but that all of the factors surrounding the case must be viewed to assess “moral blameworthiness.”

“I’m sure whatever signals were sent that sex was in the air were unintentional,” he said.

The Crown was seeking at least three years in prison for Rhodes, who has no prior criminal record and works for the City of Thompson. They cited numerous precedents from the Manitoba Court of Appeal suggesting the “starting point” for a major sexual assault involving intercourse is a prison sentence.

“This sentencing will raise a number of issues relating to public confidence in the sentencing process,” Crown attorney Sheila Seesahai told court.