Warning: This story contains disturbing details. A B.C. man who raped a woman in an alleyway in what a judge described as a “shocking” attack has been sentenced to 28 months behind bars, according to a recent decision. Brendan William John Sullivan pleaded guilty to one count of sexual assault and was sentenced last week in provincial court in Chilliwack, where the judge ruled that a federal prison term was necessary in the circumstances. “The offence committed by Mr. Sullivan calls out for a penitentiary sentence in order to properly communicate society’s disapprobation for this very serious conduct,” Judge Michael Fortino said in his decision. “You significantly altered (the victim’s) life and have caused her irreparable harm. She will live daily with the pain and discomfort of your offending, both emotionally and physically,” the judge continued, addressing Sullivan directly. The assault Sullivan met the victim, whose identity is protected by a publication ban, at a nightclub on Oct. 30, 2022, the court heard. The pair left together and headed down an alleyway while on the way to hail a cab, according to the decision. Sullivan proposed having sex in the alleyway and the woman twice told him she did not want to. “Mr. Sullivan pushed R.D. up against a building and then threw her down onto the gravel pathway. He lifted up her skirt and then removed her shorts and underwear along with his own pants,” the decision said. “While he did this, R.D. repeatedly told Mr. Sullivan ‘no’ and that she did not want to have intercourse with him. Despite her protestations, Mr. Sullivan got on top of R.D. and had penetrative penile-vaginal intercourse with her against her will and without using a condom.” The attack lasted 30 minutes, during which the woman “repeatedly protested” and tried to fight Sullivan off and scream for help. But the court heard he pinned her down and covered her mouth, rendering her “unable to fight back.” However, the woman was able to send the friends who were at the club a text message before she was overpowered completely. “I f***ing said no. Behind the hedges,” the text read, according to the decision. The attack ended when Sullivan was pulled off the woman by one of her friends, the court heard. A bouncer held Sullivan until police arrived, and the woman went to the hospital for a forensic sexual assault exam. The impact on the victim The woman was 19 when she was raped and told the court her life has been forever altered. The emotional and psychological fallout has included flashbacks, panic attacks, insomnia, a loss of trust in people and persistent fear, the court heard. “She described the grief she experiences for the life she lost as a result of the offence,” Martino wrote, summarizing part of the victim impact statement. The physical harm will also likely be life-long, according to the decision, which said she is in constant pain and incontinent as a result of the rape, during which gravel was forced inside of her vagina. “It could not be clearer to the court that (she) suffered immeasurable physical and emotional harm from the offence,” the decision said. The sentence Sullivan’s lawyer proposed a sentence of less than two years, to be served in the community and followed by a period of probation, while the Crown was asking for 28 months in prison. The mitigating factors included Sullivan’s guilty plea and lack of a criminal record, a report assessing him as a low risk to reoffend, and his expressions of remorse. The judge also referred several times to Sullivan’s otherwise “good character” and accepted that the crime was “completely out of line with who (Sullivan) otherwise is.” The aggravating factors in the case were significant enough that the judge found they necessitated time in a penitentiary. “It is hard to imagine a more invasive and violative offence,” Martino wrote, also describing the rape as “brutal and prolonged.” While adopting the Crown’s recommendation on sentencing, the judge declined to order Sullivan to register as a sex offender, finding it would not be necessary to prevent future crimes or assist police in other investigations. “While the offence is significant, serious, and Mr. Sullivan possesses a high degree of moral culpability, I find the offending conduct was completely out of character for him,” Martino said. Sullivan was required to submit a DNA sample and prohibited from possessing weapons for 10 years after his release from prison.
