Pub owner avoids jail time for sex assault
Last Updated: Monday, August 17, 2009 | 3:59 PM PT
CBC News
Fernando Alves will be on the sex offender registry for 20 years following a guilty plea in a highly publicized sexual assault case. (Vancouver Police)The former owner of a Burnaby, B.C., pub has been handed a nine-month conditional sentence after pleading guilty to sexual assault in a case that prompted criticism of the police from the convicted man's lawyer.
Fernando Manuel Alves, 46, had faced four charges of sexual assault and one charge of administering a noxious substance.
His arrest two years ago prompted police to warn the public about drink-spiking.
Alves ultimately pleaded guilty to one count of sexual assault after the other assault charges and the administering charge were dismissed following a preliminary hearing.
Alves's lawyer said his client was innocent of the other charges and insisted Alves was not the man police made him out to be.
"Police seem to think they can speak with immunity, and not take responsibility and proper respect for the process that is required," Lawrence Myers said following Monday's court proceedings.
It was revealed during the trial that in October 2006, a woman in her 30s woke up in Alves's bed, bruised and bleeding after an evening at a downtown Vancouver nightclub.
The married woman — who cannot be identified — said she had no recollection of meeting Alves the night before.
Medical testing confirmed she had had sexual intercourse and found traces of alcohol and sedatives in her system.
The woman told the court her will to live had been drained because of what happened to her and that she was unable to feel safe or to be intimate with her husband.
In sentencing, the B.C. provincial court judge said Alves was not pathologically dangerous but had committed a crime of opportunity.
The judge ordered that Alves be placed on the sex-offender registry for the next 20 years but that he not spend time in jail.
