Sex attacker faces long-term offender status
James Albert Waterfield, 46, pleaded guilty to aggravated sexual assault
CBC News
Posted: Dec 17, 2012 5:39 PM AT
Last Updated: Dec 17, 2012 5:44 PM AT
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A Halifax man is facing the prospect of seven years in prison and the label of long-term offender for a brutal sexual assault on a woman in 2010.
James Albert Waterfield, 46, is being sentenced in Nova Scotia Supreme Court after pleading guilty to aggravated sexual assault.
His defence lawyer and the Crown attorney agree that he should be sentenced as a long-term offender, a designation that is often used for violent offenders who need to be watched after their release from prison.
The woman was left badly injured and terrified after the July 2010 attack.
Waterfield attacked her in her own apartment after she told him she wanted to end their relationship. He tied her up and raped her several times over the course of more than four hours. He also beat her and threatened to kill her daughter.
Forensic psychiatrist Aileen Brunet assessed Waterfield and told the court Monday that he's a high risk to re-offend violently, and a moderate risk to re-offend sexually.
Brunet also said that those risks could be controlled with the treatment Waterfield would receive during a long-offender sentence.
Prosecutor James Giacomantonio called the attack the most serious sort of violence, short of homicide.
"Mr. Waterfield suffers from an inability to control his anger, and so when he gets himself into trouble he resorts to violence and anger. And this particular sexual assault, while sexual … was actually an act of revenge for a perceived betrayal," Giacomantonio told CBC News.
The Crown and defence agreed to a 10-year prison sentence, with three years' credit for time served.
If Justice Arthur Leblanc accepts the joint recommendation, Waterfield would serve seven years in prison, followed by 10 years of close supervision in the community.
In addition, Waterfield's name would be added to the national sex offender registry, he would have to provide a DNA sample, and he would face a lifetime ban on weapons.
Leblanc reserved his decision, which means he will announce it at a later date.
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