Canadian singer was found guilty in June of assaulting Ottawa woman

Canadian musician Jacob Hoggard was sentenced to five years in prison by a Toronto judge on Thursday, the third and final day of a sentencing hearing that began earlier this month.

Hoggard, the former lead singer of rock band Hedley, was found guilty of sexual assault causing bodily harm in June after raping an Ottawa woman in 2016.

The Crown was seeking a sentence of six to seven years for Hoggard — above the normal range for a sexual assault by someone with no criminal record, court heard. The prosecution argued Hoggard was a risk to the public.

Meanwhile, the defence proposed a more lenient sentence of three to four years. They pointed to a psychiatric report that said he was a low risk to reoffend and had a good chance of rehabilitation.

In delivering her sentence in a downtown Toronto courtroom, Ontario Superior Court Justice Gillian Roberts said Hoggard’s offence involved “gratuitous degradation” and “gratuitous violence.”

“It is no exaggeration to say that [the woman] is no longer the same person she was before the attack. She was physically hurt … far more significant was the psychological hurt,” Roberts said.

“Whatever fleeting moments of gratification Mr. Hoggard derived from his conduct, they have come at the staggering and utterly unacceptable cost of forever changing [the woman’s] life.”

The judge said she accepted the woman’s evidence “in its entirety,” including that Hoggard raped the woman multiple times anally, vaginally and orally, choked her, spit on her, called her a slut and a pig and oinked at her like an animal.

‘A fit and appropriate sentence is 5 years’

Dr. Hy Bloom, a forensic psychiatrist retained by the defence, evaluated Hoggard and concluded he was not a sexual deviant or a psychopath. Court heard that Bloom found Hoggard had some 200 sexual partners in his life, with 60 to 70 per cent of them being fans.

The judge said she did not accept Bloom’s report that said Hoggard was a low risk to reoffend.

“The Crown rightly points out that Mr. Hoggard was always impulsive and promiscuous, prior to and apart from his life as a rock star,” Roberts said.

“I agree with the Crown that we cannot say that Mr. Hoggard will never again find himself in a situation where he has a sexual opportunity, wants to validate himself, and impulse takes over.”

The judge said Hoggard’s sentence needed to be proportionate to the gravity of the offence and Hoggard’s circumstances, including his degree of responsibility.

“It must be sufficient to reflect the inherent harmfulness of a manipulative and particularly degrading rape,” she said. “In all the circumstances of this offence and this offender I believe a fit and appropriate sentence is five years.”

Crown applauds verdict, sentence

In a statement to the media, Crown attorney Jill Witkin applauded the jury’s verdict and the judge’s sentencing decision.

“Mr. Hoggard’s conviction and sentence sends a message to our community that sexual violence will not be tolerated by our community, by anyone,” Witkin said.

Ari Goldkind, a Toronto criminal defence lawyer, told CBC News that the five-year sentence “met the mark” and noted it appeared to be the judge’s attempt to “appeal-proof” the sentence by landing in the middle of what both sides sought.

“He will have a very strong conviction appeal,” said Goldkind, “but the sentence appeal seems to be less exciting given the meeting in the middle.”

Hoggard had pleaded not guilty

Hoggard pleaded not guilty to all charges at his June trial. His lawyers had argued that Hoggard had consensual sex with the complainant.

Hoggard was also charged with sexual assault causing bodily harm against a 16-year-old fan and sexual interference involving that complainant, but was found not guilty on those charges. Neither complainant can be identified under a publication ban.

The Ottawa woman was in her early twenties when Hoggard, who is from B.C.’s Lower Mainland, assaulted her in a Toronto hotel room. A jury deliberated for six days and twice found itself deadlocked on “some counts” before finding Hoggard guilty of sexual assault causing bodily harm in the Ottawa woman’s case.

The woman said Hoggard choked her so hard she thought she was going to die. She testified the sexual assault lasted for hours.

Hoggard said at trial that he had consensual, “passionate” sex with both complainants. He denied choking the Ottawa woman, but said the other elements described, such as spitting and slapping were among his sexual preferences — and could have happened.

Farrah Khan, the manager of Consent Comes First at Toronto Metropolitan University, told CBC News she was grateful for those who came forward.

“Hopefully some survivors may feel more emboldened to report and feel safe in trusting a system, although the system is still very flawed and we saw that in this case time and time again,” she said.

“I hope that it brings a conversation forward around what we have to expect, not only of people in the public eye — so people who are musicians, people who are politicians — but we also have to expect the people around them not to enable the behaviour and shy away from calling it out.”

‘I was never the same’

At a sentencing hearing earlier this month, the Ottawa woman told court the incident left her paralyzed with fear and despair for months.

The woman said the sexual assault robbed her of her confidence, her dreams and altered her life.

“I was never the same after that day,” she said. “A part of me died that day that I will never get back.”

Hoggard has appealed the decision. Hours after the sentencing decision came down on Thursday, he was granted bail.

“Given that the appellant poses no public safety or flight concerns and raises arguable grounds of appeal, I am satisfied that his detention is not necessary in the public interest,” Justice Grant Huscroft said in his decision.

The appeal will be heard at a later date.