BY KEITH LACEY
An Espanola area man who insisted on repeatedly groping and fondling a teenager during a drunken swimming party was sentenced to four months in jail Monday.
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Besides the jail sentence, Justice Ian Gordon of the Ontario Superior Court of Justice sentenced Lee Anthony Stewart, 35, to one year of probation.
He was also ordered to stay away from his victim and take counselling for alcohol abuse if recommended by his probation officer.
He was also prohibited from owning or possessing any prohibited weapon for five years and ordered to submit a DNA sample for a national criminal data bank.
Assistant Crown attorney Patricia Moore told the court Stewart and some friends met up with some friends from southwestern Ontario who took a ferry to the Espanola area on Aug. 1, 2001.
Around suppertime, the large group decided to go swimming at a popular beach near Webbwood.
Members of the group had started drinking earlier in the afternoon and a large amount of beer was brought to the watering hole, said Moore.
Once swimming, Stewart invited a 15-year-old girl to follow him to a Â?cool diving placeÂ? and she agreed to join him, said Moore.
Stewart proceeded to take off all his clothes and go skinny-dipping, but the young girl didnÂ?t join him.
They went to a second location to swim and again Stewart went skinny dipping and the girl told him this made her feel uncomfortable and she wanted to go join the larger group of friends.
When they returned to the meeting point where vehicles were parked, the rest of the group of friends had taken off, leaving Stewart and the female teenager alone to return home in one vehicle, said Moore.
Because Stewart appeared drunk, the girl asked to drive and received permission to get behind the wheel.
During the 16-kilometre drive along a gravel road, Stewart started to fondle the girl by grabbing her arms, neck and breasts.
She told him to stop and pulled the car over and Stewart promised to behave and they got back inside the car.
When Stewart didnÂ?t stop his aggressive behaviour and started fondling and grabbing again, she stopped the vehicle again. Stewart promised to behave, but became even more aggressive once they returned inside, said Moore.
At one point, Stewart tried to place the girlÂ?s hand on his private parts and she told him not to touch her or speak to her and leave her alone.
When they finally got to a residence where the friends had gathered, Stewart went inside and passed out within minutes.
The girl told her friends what had happened, police were contacted and visited the home and found Stewart passed out dressed only in swimming trunks.
Stewart was on probation for a conviction of assault causing bodily harm at the time of this incident and was ordered by the courts to not consume or purchase alcohol.
Moore told the court Stewart has five previous convictions for assault.
The victim impact statement makes it clear this incident frightened the victim and a jail sentence is called for considering her age, the seriousness of this offence and StewartÂ?s previous criminal record, said Moore.
Before Gordon passed sentence, Stewart told the veteran judge heÂ?s had a longstanding problem with alcohol, but has taken programs to try and get his problem under control and is willing to try again.
