WESTLOCK – A temporary foreign worker involved in a workplace sexual assault and subsequently faced deportation, received a conditional discharge with the presiding judge noting the man’s “genuine remorse” and said the risk of him offending is “very, very low.”
In Westlock Provincial Court Jan. 25, Sahaya Sanjai Gomez, 36, pleaded guilty to sexual assault with Judge Michèle Collinson agreeing to a 12-month conditional discharge via a joint submission from Crown prosecutor Andrew Dirgo and defence lawyer Richard Forbes. As part of the sentence, Gomez will serve 12 months of probation which includes a host of conditions and has been barred from contacting the victim, who declined to attend the sentencing in person.
While Judge Collinson said that all sexual assaults are “serious” she noted “exceptional circumstances” in the incident from Sept. 23, 2022, and called the act “spontaneous” and on the “minor end” of the scale as far as the severity of the assault.
According to an agreed statement of facts obtained by the Westlock News, Gomez picked the victim up over his shoulder and patted her on the bottom in a “jovial manner” and “did not intend or realize at the time” that it would upset her — due to proceedings at Westlock Provincial Court starting 30 minutes early, the News was not present when the agreed statement of facts were initially read into the record.
“It is a unique circumstance and I want to make it clear on the record that my decision does not carry precedential value. Although all acts of sexual assault are considered serious and violent and that conditional discharges are considered an exceptional disposition and even more exceptional with violent offences, this is an exceptional circumstance,” said Judge Collinson. “The act was spontaneous, impulsive, made in jest and on the scale is on the minor end. You have demonstrated genuine remorse and expressed feelings that I describe as shame and genuine concern for the impact your actions had on the victim.
“You have expressed a willingness to try and understand your mistake and to attend counselling, treatment and programming. I agree with counsel that there is the absence of an aggravating factor. I am satisfied that making an order for a conditional discharge is in your interest and not contrary to the public interest.”
Gomez, a native of India who had an interpreter at his side throughout the proceedings, apologized and said in broken English that since being charged he’s been unable to work. Forbes said Gomez, whose wife and two children still live in India, worked in the hospitality industry in California and Dubai for 10 years before moving to Canada to become a temporary foreign worker in 2019 — Forbes noted Gomez’s current work permit was renewed Oct. 7, 2022, for two more years at the Westlock Inn.
“I did this mistake … I love my job and I love the people and I respect people. From that incident until now I am carrying a lot of pain on me. I am not a person to hurt others,” said Gomez. “I have goals, I have ambitions and I have dreams. I am really sorry that I did this mistake, I am really sorry. I just want a chance to understand my mistakes and live my life.”
Forbes said if Gomez didn’t receive the conditional discharge he would have been “inadmissible to Canada” which would have shelved plans to eventually bring his family here.
“The gravity of sexual assaults is quite high, however on the spectrum of sexual assaults this one is on the very low end. Further, there was no power imbalance in this workplace situation,” said Forbes. “The assault was very short in duration and occurred in the course of what Mr. Gomez thought was a jovial, workplace interaction. But that does not diminish the criminal nature of what was admitted today.”
Victim impact statement
Before sentencing concluded, Dirgo read the victim-impact statement into the record.
In it, the woman said she was “scared to go anywhere alone and my boyfriend and I are struggling in our relationship” and that she doesn’t “like being touched anymore.”
“It’s hard to get out of bed and I cry a lot. I don’t make plans to hang out with anyone and I don’t want to go anywhere,” reads the statement in part.
“I’m scared he will find my location from my phone number and am not comfortable seeing him in public, having him contact me … I don’t want to see him.”
