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CALGARY -- The brutal and degrading rape of a city woman at the hands of a twice-convicted sex offender has landed him a 13-year prison term.
Justice Marsha Erb yesterday said a lengthy punishment was needed for James Dee Lemmon, in part to keep him behind bars and away from the public.
As a result, Erb also ordered Lemmon must serve at least half his sentence before the National Parole Board can consider him for release.
After his release from prison, Lemmon will be subject to a 10-year supervision order as part of his designation as a long-term offender, the Queen's Bench judge said.
Erb said among the aggravating factors in Lemmon's March 2007, rape of his victim was "the brutal, degrading, disrespectful and abusive nature of the conduct."
Lemmon, 46, repeatedly sexually assaulted his victim at the northeast body shop where he worked after confining her there and choking her unconscious.
The victim, who had been drinking with Lemmon and his boss at a bar, had offered to give the two men a ride home, at first dropping off the employer.
Instead of being taken to his house, Lemmon asked to go to his work site, where he invited the 30-year-old woman in for a drink.
Once inside, he locked her in the site, choked her unconscious and made her remove her clothing, before committing various sexual acts on the victim.
She was only able to escape by telling him she wouldn't report the assault and would go out with him for dinner at a later date.
In agreeing with Crown prosecutor Sheena Cunningham, who asked for a sentence between 12 and 15 years, Erb said Lemmon's violent past and poor prognosis for rehabilitation warranted a lengthy prison term.
Defence lawyer David Andrews had proposed a sentence in the range of six to eight years.
Erb said the choking and Lemmon's "multiple acts of violence" on the victim ruled out such a lenient punishment.
"It is a very serious offence, it is one which women are particularly vulnerable," she said of Lemmon's use of choking to subdue his prey.
Because he has spent 221/2 months in remand custody, Erb reduced the overall sentence by 45 months.