Man who sexually assaulted, threatened victim gets 18 months in jail

Roxanne Roy says she's happy with the jail sentence her abuser, David Murphy, received Thursday in provincial court in Caraquet. 

"It's what I thought he would get — 18 months, two years of probation," Roy said in French. "I'm really happy with that."

Murphy, 66, had been found guilty of six charges of sexually touching Roy and of uttering threats to her.

For Roy, who is now 21, the sentence was the end of a long court process that began in 2007, when she first went to police. 

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As he was led from the courtroom by sheriff's officers, Murphy looked directly at Roy. But the young woman said in French that she wasn't afraid of him anymore. 

"It's always bizarre, how you feel when he looks at you like that. But I looked back at him and showed him he wasn't having an effect on me." 

Denied guilt

Before reading her sentencing decision, Judge Johanne-Marguerite Landry asked Murphy if he had anything to say. 

"Yes, I'm not guilty of these charges," he said.

When asked if he had anything else to add, Murphy said, "Don't be too hard on me." 

The judge said Murphy was in a position of trust with Roy because he was her grandmother's boyfriend, having moved in with them in Saint-Léolin when Roy was five.

The sexual touching began a year later, in 2002. Roy moved in with her biological mother after revealing what happened.

After Murphy moved out, Roy returned to live with her grandmother, who had adopted her shortly after her birth. Then Murphy returned and the assaults happened again.

Landry said Murphy threatened Roy that he'd burn the house down if she told anyone what he was doing to her, and her grandmother would die. 

As the judge reviewed the case, Murphy, seated beside defence lawyer Serge Robichaud, shook his head in denial. 

2 years supervised probation

While the Crown had asked for 24 months in jail, Landry, after reviewing case law along with mitigating and aggravating factors, sentenced Murphy to 18 months in jail and two years of supervised probation. 

Landry ordered Murphy to have no contact with Roy while he was incarcerated or on probation. 

"She should have been feeling safe," the judge said of Roy. "She should have been safe.

"He was an adult who was supposed to care for her." 

The judge issued a firearm ban and said Murphy's name is to be included on the national sex offender registry for life. He was also ordered to provide a sample for the DNA data bank. 

Waited for justice

When Roy reported the sexual assault in 2007, she was told by justice officials that she didn't have enough evidence and would probably lose.

In 2015, a new prosecutor took an interest in the case and reopened the file.

Murphy was charged, but the trial was put off several times for various reasons, including a change of venue and missing documents.

In April 2017, Murphy couldn't get to court because of the weather.

Last year, Roy asked the judge to lift a publication ban that protects the identity of victims of sexual assault because she wanted to speak out against the justice system and how she felt it failed to protect victims.

Roy said it's been a long and at times painful process. She was ready to give up at one point but is glad she persevered.

She said she has no regrets and encourages other women to come forward and fight for justice.