Alberta Judge Reduces Prison Term for Indigenous Former Football Player in Violent Sexual Assault
An Edmonton judge has discounted the prison sentence for a former university football player with Indigenous roots who was convicted of committing what the court described as a "major sexual assault" against a woman. The decision has sparked discussion about sentencing considerations in cases involving Indigenous offenders.
Details of the Assault and Sentencing
Aaron Moore Minshull, now 36 years old, was found guilty by an Edmonton jury of sexually assaulting a woman on July 18, 2020. Court of King's Bench Justice Christopher D. Simard sentenced him to three years in prison, noting that without mitigating factors, the appropriate sentence would have been significantly longer.
"He used his much greater size and strength to physically and forcefully overcome her resistance," Justice Simard wrote in his January 26 decision. "This was a violent and forceful sexual assault. This was not sexual touching in the context of confusion or mixed signals about consent."
Judge's Reasoning for Sentence Reduction
In his decision, Justice Simard explained that he considered several mitigating factors when determining the three-year sentence. These included Moore Minshull's rehabilitation efforts, his Indigenous heritage through his mother, his mental health struggles, and the collateral consequences that a lengthy prison term would have on him and his new family.
"Without those mitigating factors, the fit and appropriate sentence would be significantly longer than three years," Simard wrote. "However, a sentence below three years would simply not be proportionate to the gravity of this major sexual assault, and Mr. Moore Minshull's very high degree of moral blameworthiness."
Aggravating Factors of the Case
The judge detailed several aggravating factors in the assault. Moore Minshull did not use a condom during the attack, exposing the victim to greater risk of unwanted pregnancy and disease. He also bled profusely during the assault due to a tear in sensitive tissue, with blood transferring to the victim.
"Moore Minshull forcibly overcame the woman's physical resistance, ignored her repeated indications of non-consent over a prolonged period of time, and physically restrained her to facilitate his assault," Simard noted in his decision.
Context of Similar Cases
Justice Simard acknowledged that similar sexual assault cases have typically warranted sentences of three-and-a-half to four years in prison. He emphasized that the gravity of this particular offence was "very high" and that Moore Minshull's degree of responsibility was also "very high."
The judge described how the victim "told him repeatedly that she did not want to engage in sexual contact" and "tried to evade and escape him," but Moore Minshull used his physical advantage to overpower her resistance.
Background of the Offender
Aaron Moore Minshull was a university football player whose athletic career was cut short by injury. The court heard that he and the victim knew each other and were drinking together at the time of the sexual assault. The identity of the victim is protected by a publication ban.
This case follows other recent Canadian judicial decisions where Indigenous status has been considered as a mitigating factor in sentencing, reflecting ongoing legal discussions about appropriate sentencing approaches for Indigenous offenders within the Canadian justice system.
