Sunday, February 15, 2009

James Dee Lemmon - Repeat Sex Offender gets only 13 years for brutal rape

A Calgary man was sentenced Thursday to 13 years in prison for his fourth sexual assault.

James Dee Lemmon, 46, must serve at least half of the time before being eligible for parole, then he will be monitored for another 10 years following his release as a long-term offender.

Court of Queen's Bench Justice Marsha Erb said the March 28, 2007, attack on a 34-year-old acquaintance was horrific.

She said among the aggravating factors in Lemmon’s March, 2007, rape of his victim was “the brutal, degrading, disrespectful and abusive nature of the conduct.”

Erb noted that Lemmon choked or attempted to strangle at least three of his four sexual assault victims, and also has a conviction for aggravated assault.

One of the sexual assault victims was his 10-year-old niece, who reported the incident years later. Lemmon pleaded guilty.

"He has a pattern of sexual assault using force. He has a temper when sober and it escalates to violence when he's intoxicated."

Court heard that in the March 2007 incident, Lemmon and his boss had a drink in a bar where the victim worked. Lemmon asked the woman to come to the northeast auto-body shop where he worked for a drink.

The victim did, and Lemmon locked the shop door so she couldn't leave, and choked her into unconsciousness.

After she regained consciousness, Lemmon forced her to have sex with him repeatedly.

Crown prosecutor Sheena Cunningham, who had argued for a sentence of 12 to 15 years, originally sought to have Lemmon declared a dangerous offender, which would make him subject to an indefinite term of imprisonment.

But the judge ruled against that designation last November and sided with defence lawyer David Andrews' pitch for long-term offender status. Andrews then argued for a sentence of six to eight years.

Outside court, Andrews said his client had filed an appeal of his conviction and now wants to appeal his sentence.

"25% of all sex offenders re-offend within 15 years"

.........Sarah Tofte

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