Ex-Western department head gets house arrest for sexually assaulting subordinate

Warning: Story contains graphic language and disturbing content.

A former Western University professor convicted of sexually assaulting a female subordinate has been given a nearly two-year conditional sentence, sparing the now 65-year-old from jail.

Ajay Ray will serve a 720-day sentence, the first 14 months of which will be in round-the-clock house arrest with restrictions, Superior Court Justice Spencer Nicholson told a packed London courtroom on Thursday.

For the remainder of the sentence, he'll be subject to a curfew, barring him from leaving his residence between 10 p.m. and 6 a.m., Nicholson said.

Ray was found guilty in November of a workplace sexual assault against a lab technician he supervised. At the time, he was chair of the university's department of chemical and biochemical engineering.

The court found Ray forcibly penetrated the victim's vagina with his fingers during the assault in her university office in July 2016.

Ray can avoid jail as long as he stays 50 metres from the victim, and 200 metres from the home, work, and place of worship of her and her husband.

The court also ordered that he provide a DNA sample, register as a sex offender for 20 years, attend counselling, perform community service, and serve two years probation, among other conditions.

Ray has continued to maintain his innocence, and has indicated he plans to appeal the conviction.

"He and his family are relieved that he will be able to serve his sentence in the community," his lawyer, Ron Ellis, said.

"Next steps are for him to consult with his appeal counsel in Toronto to determine whether they'll move forward with an appeal."

Nicholson cited Ray's lack of a record as a mitigating factor in sentencing, adding he'd led a "remarkably pro-social life" contributing to academia and the community.

However, Ray was the victim's supervisor and held a position of authority over her employment, something he reminded her of during a conversation the victim secretly recorded, Nicholson said.

According to the London Free Press, Ray was heard apologizing and taking responsibility, telling the victim, "I lost control when you touched me."

"Mr. Ray unsuccessfully tried to deny it during his testimony," Nicholson said. "In fact, during the audio recorded conversation, he, in my view, attempted to suppress the victim from advancing her allegation."

The assault left the victim with severe, long-lasting trauma, and made it hard for her to trust others and see a pain-free future, she told the court last month.

The Crown requested an 18-month jail sentence and two years probation, while Ray's lawyers argued for a conditional sentence of two years less a day.

Nicholson described the decision as difficult, saying conditional sentences are sometimes seen as being lenient. Ultimately, he found the punishment appropriate.

Both parties suggested sentences under two years, and Ray wasn't seen as a risk to the community, he said. A stringent conditional sentence would also meet the goals of denunciation and deterrence.

"I accept this assault was entirely out of character for Mr. Ray, born out of unique circumstances and in the heat of the moment," Nicholson said.

"Otherwise, his life has been entirely pro-social. But for the collateral consequences, I anticipate he will attempt to continue to live in a pro-social manner."

Ray would do poorly in jail because of his privileged life, Nicholson added, and the stain of the conviction on his once highly-esteemed reputation would be, and should be, hard to overcome.

More than 50 character reference letters, many from Ray's family, show tremendous familial support, Nicholson said, although he noted it was clear the support was because they didn't accept his guilt.

Their support, he said, was less around helping him rehabilitate, and more around helping him emotionally through court.

After the conviction, Ray was forced to voluntarily retire from Western, court heard last month. An email to colleagues sent by the dean of Western's faculty of engineering made no mention of it, and said Ray retired as of Dec. 13, 2014.

In a statement last month, Western declined to comment, but said its thoughts were with the victim, and that it had no tolerance for sexual violence.

To the victim and her husband, Nicholson said he was mindful of the impact the assault had on them.

"I do not know whether my decisions today have resulted in the justice you deserve, but I hope to some measure it has."