B.Z. was found guilty by a jury of sexual assault and unlawful confinement.
The court considered aggravating factors, including the violent nature of the assault, non-consensual vaginal penetration, and the victim's emotional trauma, and mitigating factors, such as the offender's lack of prior criminal record and educational background.
The court rejected the defense's submission for a lower sentence and the request to stay the forcible confinement conviction based on the Kienapple principle, finding the acts distinct.
A sentence of 42 months concurrent for both convictions was imposed, along with mandatory ancillary orders, but restitution was denied due to insufficient evidence of the precise amount.
distinguishedSCJMay 17, 2019
