'Do you not know what no means?': Penticton 18-year-old jailed for rape

CONTENT ADVISORY: This story contains details of sexual violence Penticton resident Cale Neil Dunseith was just 18 years old when he drunkenly climbed into bed with his girlfriend and tried to initiate sex. But his girlfriend, who was also 18, said no and turned her back on him. Dunseith had drunk a mickey of liquor that night and was persistent in his requests for sex. His girlfriend stood firm telling him, “Not tonight, I’m not in the mood.” He persisted and began to take her underwear off. She told him, “Do you not know what no means?” His girlfriend put her knees on his chest and tried to push him off, to no avail. He then pinned her to the bed and with one hand on her throat, raped her. Now, aged 23, Dunseith appeared in a Penticton courtroom where Crown prosecutor Angela Linthorne said he should spend five years in prison for what he had done. On Dec. 4, the Penticton Supreme Court heard how afterwards the girlfriend, whose name is covered under a court-ordered publication ban, had gone outside and called her friend. The friend came over to the house and found the girlfriend “hysterical, crying uncontrollably, and obviously traumatized.” Dunseith came out and apologized, but was told to leave. READ MORE: Prosecutors double-down, no criminal charges in fatal Kamloops crash https://infotel.ca/newsitem/prosecutors-double-down-no-criminal-charges-in-fatal-kamloops-crash/it107406 The following day the girlfriend went to hospital and was assessed by a sexual assault nurse examiner. More apology messages followed from Dunseith, and he messaged her repeatedly stating that he was so sorry and wanted to see her. She refused, terminated all contact with him, and called the police. Dunseith was charged with sexual assault and unlawful confinement but pleaded not guilty so the case went to a trial. During the court proceedings, he’d argued that the couple liked “rough” sex which included “playful choking” and this was part of it. He said they had a “safe word” and it did get used sometimes. However, BC Supreme Court Justice Michael Brundrett said this was immaterial and found Dunseith guilty of raping his girlfriend. While the Crown wanted five years jail, defence lawyer James Pennington argued his client should get a sentence of house arrest, citing his age and lack of criminal record. The court heard how Dunseith had grown up in Victoria in a stable family. However, when he was 16 he found out he was adopted, and the following year fell out with his adoptive parents. “This is reported as a decision he says he regrets every day,” Justice Brundrett said. READ MORE: 'The most unsuccessful criminal:' 70-year-old Vernon man jailed for bank robbery https://infotel.ca/newsitem/the-most-unsuccessful-criminal-70-year-old-vernon-man-jailed-for-bank-robbery/it107404 He reconnected with his biological parents, but they both struggled with substance misuse and his father became a negative influence in his life. It’s unclear when Dunseith developed a substance use disorder but his earlier interests of going into the trades or joining the armed forces fell to the wayside. He was drinking, smoking cannabis and using cocaine. He became homeless and later began using fentanyl and methamphetamine – which became his drug of choice. “This has led to his inability to work, social impairments, many overdoses, medical health complications, complications with family, financial strain leading to homelessness, and deterioration of his mental health,” the Justice said. He’d tried residential rehab twice but failed. A pre-sentence report submitted to the court said Dunseith expressed deep remorse for his actions and said he “felt sick to his stomach” that he’d hurt his girlfriend. He blamed his actions on his intoxication. “I should have stopped and gone to bed, but I didn’t… that was very wrong,” Dunseith told the court. ”I regret what I did do every day. I am so so sorry… I’m getting help so I never do this to anyone ever again.” Blaming his drunkenness the defence lawyer argued Dunseith should spent two years under house arrest, and pointed out that he’d already spent almost a year in jail for breaching his bail. READ MORE: Violent Penticton domestic abuser delays inevitable jail time https://infotel.ca/newsitem/violent-penticton-domestic-abuser-delays-inevitable-jail-time/it107364 However, Justice Brundrett didn’t agree. “The sentence must reflect the fact that women have the right to say no and that violations of their personal and bodily integrity will be treated seriously by the court,” the Justice said. “This type of conduct is absolutely intolerable.” Citing his young age, repeated remorse and willingness to take personal responsibility, the Justice handed down a two-year jail sentence. “You have to get your drug and alcohol problem under control,” the Justice said. “It contributed to your offending and stands in the way of your having a positive life. I agree with your lawyer that you are still young enough to turn your life around. You have to do better for yourself and for your community.” With credit for time already served, Dunseith has seven months left to serve. He will also be on the sex offender registry for 20 years. NOTE TO READERS: If you find yourself in need of support please contact one of these organizations. Help is available 24 hours a day: VictimLinkBC: 1-800-563-0808 Vancouver Rape Relief crisis line: 604-872-8212 Archway Society for Domestic Peace: 250-542-1122To contact a reporter for this story, email Ben Bulmer mailto:bbulmer@infonews.ca  or call (250) 309-5230 or email the editor mailto:news@infonews.ca . You can also submit photos, videos or news tips to the newsroom mailto:tips@infonews.ca  and be entered to win a monthly prize draw. We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here https://infotel.ca/newsletter .