The lawyer of a former medical student that forced himself upon an unconscious woman argued that the man “availed himself of an opportunity” he could not resist due to the stress of “leading an exemplary life”.
Following a trial last year, the 27-year-old Prachur Shrivastava was convicted.
Alberta Justice Jolaine Antonio heard the second round of sentencing submissions from Crown, and the defense will make the decision of how much time Shrivastava should spend behind bars next month.
The former medical student was partying with fellow medical students in Calgary in 2014, when he used a young woman who had passed out in a friend’s living room.
It has been ordered for her identity to be protected.
The prison-time starting point for such offense is three years.
Defense lawyer Dale Fedorchuk initially asked the judge to send his client to jail for 90 days on weekends, but he submitted a new position of about nine months in jail last week.
The lawyer said that people who are held to high standards like his client make human errors, and he gave the examples of Bill Cosby and Tiger Woods.
According to the lawyer, his client’s actions were a case of “drunken stupidity”, and he added that his client was “faced with an opportunity, tempted at that moment, and made a stupid decision to cave to temptation”.
Prosecutor Tiffany Dwyer proposed a 4 to 5 year sentence, and took issue with the lawyer’s classification of his client as exceptional.
She said that exceptional people do not use unconscious women, and the fact that he’s educated and his parents are wealthy does not change what he did.
She added that it wasn’t an opportunity, but it was a choice.
Shrivastava had to withdraw from the University of Toronto’s medicine program when the charges were laid out, but the school did allow him to complete a master’s degree in biotechnology.
He is currently employed in a California-based medical technology company.