Louvelle gets reduced sentence for 2006 sex assault
Justice Alan Seaborn granted Louvelle 2-for-1 credit
A west coast man has escaped a longer sentence because of the timing of sex offences against a 12-year-old girl.
Stephen Andrew Louvelle of St. George's was found guilty of sexual assault and sexual invitation to touching in February 2013, but because the crimes were committed between 2006 and 2008, he was given two days off his sentence for every day he has served.
The two-day credit for every day served was part of an old federal law that is no longer on the books.
In 2006, when Louvelle was 21-years-old, he began making advances towards his girlfriend's 12-year-old daughter.
The victim was in Grade 6 when the two began a sexual relationship.
In court, the girl said that Louvelle got her pregnant, and that on four separate occasions he jumped on her stomach in an effort to terminate the pregnancy.
Justice Alan Seaborn wrote in his decision that he believed the girl's claims to be true, but he was unable to find Louvelle guilty of assault because he could not prove the girl did not consent to it.
The Crown asked the court for a sentence of five to six years, while the defence was seeking two to three years, in addition to granting Louvelle two-days' credit for every one day he had already served.
Louvelle has been in prison since February, plus he spent 11 days in jail in 2008.
Justice Seaborn handed down a three-and-a-half year sentence for the sexual assault charge, and another six months for the sexual invitation to touching charge, all to be served concurrently.
Seaborn agreed with the defence that since the crimes took place before February 2010 when the Federal law changed, Louvelle would still qualify for the two-for-one credit.
Louvelle will serve two years and 34 days in prison.