Man sentenced to 2+ years for sexually assaulting three women in Whitehorse, immediately files appeal

A man who sexually assaulted three women in Whitehorse was sentenced Friday morning to two years and two months in prison, but immediately filed an appeal and was released on bail.

Rudra Amin, 28, was found guilty of four counts of sexual assault — one count against each of the first two women, and two counts against the third woman — after a jury trial this summer. He was acquitted on three other counts against the same victims.

Amin was taken away after Yukon Supreme Court Chief Justice Suzanne Duncan finished reading her sentencing decision. However, his lawyer immediately filed an appeal and Amin, who now lives in Calgary, was released following a brief bail hearing that afternoon.

Police arrested and charged Amin after the victims, in 2020, reported that he'd kissed, groped and, in one instance, had non-consensual intercourse with them in 2017 and 2018.

The Crown, in sentencing arguments last month, had asked that Amin be sentenced to four to five years in custody, while the defence requested he get two years less a day, to be served in the community.

Duncan, in a sentencing decision that took just under an hour for her to read, acknowledged several mitigating factors in the case, including that Amin didn't have a prior criminal record, had complied with his bail conditions and recently started counselling and taking courses on boundaries. Amin also provided 10 letters of support from friends and family that described him as caring, compassionate, hardworking and "a man of good character."

Conditional sentence not appropriate, judge rules

However, Duncan said the letters didn't counteract the facts of the case. One of Amin's convictions, she noted, was for a "serious" and "invasive" sexual assault, and three of the four sexual assaults took place at the women's homes, where they should have been safe.

She also noted the victim impact statements submitted by two of the three women, both of which stated that the assaults left them with depression, anxiety and, in one case, unable to work, resulting in financial difficulties.

Along with the impact on the victims, one of whom was 18 at the time, Duncan said it was aggravating that Amin committed multiple assaults against multiple victims over the course of 14 months.

Duncan acknowledged the defence's argument that a sentence that included an incarceration term of six months or longer would have a "collateral" impact on Amin's immigration status — as a permanent resident, he could be deemed "inadmissible" to Canada and subject to deportation without the right to appeal.

However, she said a conditional sentence, where Amin would essentially be on house arrest in Calgary, wouldn't appropriately reflect the seriousness of the offences.

Duncan sentenced Amin to 20 months for the count involving the non-consensual intercourse, two months for the sexual assault where he pinned another victim against a wall in her home, three months for kissing and groping the third victim in her car, and four months for groping and kissing the same victim while they shared a bed, all to be served consecutively. She gave him three months' credit on the total sentence.

Duncan rejected the Crown's request for Amin to be added to a national sex offender registry, noting that he didn't have a prior criminal record, hasn't offended since and otherwise appeared to be at a low risk to reoffend. She did, however, order him to provide a DNA sample to be added to a national database and impose a 10-year weapons prohibition.

Amin was back in court that afternoon for his application for bail pending the hearing of his appeal, in which he's asking for the convictions to be set aside and a stay of proceedings entered on all counts.

The Crown did not oppose the bail application. Amin will have to comply with a number of conditions, including having no contact with the victims, remaining in Canada and surrendering himself into custody the morning his appeal is heard, which will likely be in May 2024. Amin's wife is serving as his surety and has promised to pay $7,500 should he breach any of his conditions.

Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through this Government of Canada website or the Ending Violence Association of Canada database. If you're in immediate danger or fear for your safety or that of others around you, please call 911.