A White River man is doing time in the community for sexually assaulting a woman in the fall of 2022.
Leo Vogt, 55, pleaded guilty to the charge last month when he appeared in a Sault Ste. Marie courtroom.
The assault occurred on Nov. 2, 2022 after they were drinking alcohol at his residence, Superior Court Justice Edward Gareau heard.
She decided to stay there that night, but doesn't remember going to bed, prosecutor Blair Hagan said.
The woman woke up and found Vogt sexually assaulting her.
She remembers adjusting her clothing and going back to sleep, the assistant Crown attorney told the court.
On Nov. 5, she went to the Ontario Provincial Police detachment and reported what had occurred.
A publication ban prohibits reporting information that identifies the victim.
Hagan read the woman's victim impact statement to the court.
"I thought it was my fault," she said, explaining she learned through counselling that it wasn't.
"We were friends and the fact is that he took advantage of me that night."
The complainant indicated she can't get the incident out of her mind and has fears for her safety.
The lawyers jointly recommended a 12-month conditional sentence, followed by two years probation.
During the first four months, Vogt will be under strict house arrest.
He will have a 9 p.m. to 7 a.m. curfew during the remaining eight months.
The matter was scheduled for a two-week trial, but the Crown and defence had reached an 11th-hour resolution, Ken Walker, the accused's lawyer, told the court.
Hagan cited two unique features – Vogt has no criminal record and is confined to a wheelchair with significant physical medical issues.
His guilty plea shows remorse and saved a vulnerable victim from having to testify before a jury in court, she said.
Walker said his client, a First Nation member, is originally from Attawapiskat, and has been paralyzed since he was accidentally shot by another person at the age of 10.
Gareau accepted the joint position.
"It might not be a traditional sentence and is at the lower end of the range," he said, but it "recognizes the exceptional personal circumstances and is an appropriate sentence."
The sentence balances the aggravating factors – the trust issues and the effects on the victim – and Vogt's guilty plea.
It indicates remorse and acceptance of responsibility, Gareau said.
During the house arrest portion of his sentence, he can only leave his residence for medical emergencies and appointments.
He must take counselling for deviant sexual behaviour.
As well, he can have no contact with the victim and must remain 50 metres away from her.
During the last eight months of his sentence, Vogt will have the curfew and the same conditions requiring him to stay away from the woman.
He can't possess any weapons, drugs or alcohol throughout the sentence.
During his 24-month probation, he must take any recommended counselling and must continue to remain away from the complainant.
Gareau also imposed a 10-year weapons prohibition and ordered him to provide a DNA sample for the national database.
After Walker indicated his client hunts birds for sustenance, the judge added that exception to the ban.