A man from India was given a 12-month conditional discharge after pleading guilty to assault and sexual assault on Wednesday in Moose Jaw Provincial Court.
Ritik Katyal appeared in court with his lawyer Merv Nidesh. In pleading guilty, Provincial Crown Prosecutor Rob Parker withdrew a charge of breaking and entering.
Parker said on May 25 the Assiniboia RCMP received a report from the third party about a disturbance between two ex-partners that were once in a romantic relationship. When police arrived at the residence, Katyal had already left.
Police reported that the victim was approached by Katyal in the bedroom and a dispute occured in which the accused was charged with assault when he struggled to take a cell phone away from the victim.
Katyal was charged with sexual assault as he attempted to kiss the victim without her permission.
Parker told the court that the victim requested the Katyal leave several times and he eventually did leave on his own accord.
According to Parker, the outcome of the case could affect Katyal’s status to stay in Canada, adding that the Crown had to take into consideration that was wasn’t a disproportionate response because of this. Parker said there is no guarantee with Katyal’s status in Canada, but it will put him in postion to put his best foot forward.
As part of a joint submission, Parker said a conditional discharge was within the appropriate range. With a discharge is unusual is a sexual assault case, Parker cited the sexual assault case involving former Saskatchewan Roughrider general manager Eric Tillman. In that case, Tillman pleaded guilty to sexual assault and received an absolute discharge.
The conditions of the discharge include reporting to a probation officer, live at an approved residence, take part in personal programming as directed, no contact with the victim unless it is through a lawyer and a $500 donation to a charity within 10 months of the probation order.
Nidesh said his client works as a farmhand and has already completed anger management programming on his own.
He added that Katyal and the victim were both from that area in India. Nidesh said his client is alone in Canada and was involved in a breakup he didn’t understand and was fully cooperated with police. Nidesh also pointed to the face Katyal had no previous record.
Judge Ross Green agreed with the joint submission and sentenced Katyal to a 12-month conditional discharge.