A Manitoba judge has rejected the testimony of a rape suspect who claimed his victim forced him to have anal sex with her and then stole his sperm so she could have a mixed race baby.
Hilaire Ndyat, 43, was found guilty of sex assault Thursday and immediately sent to jail even though his sentencing won't occur until some time in the fall.
"He's been convicted of a serious crime and no longer enjoys the right of presumed innocence," Justice Gerald Chartier said in ordering Ndyat's immediate imprisonment.
Ndyat, a native of the Democratic Republic of the Congo who moved to Winnipeg in 1996, testified at his trial earlier this year that a female acquaintance whom he had invited up to his apartment in March 2008 forced herself on him, but he didn't resist because women are revered in his culture and he didn't know how to react.
Ndyat testified he only resisted when the woman removed his condom and tried to force anal penetration. He said he later became concerned when he discovered his used condom was missing and remembered the woman had told him of her fondness for mixed race children.
"I thought she wanted a black man's sperm as she mentioned earlier during the conversation that she'd like to have a mixed child, (she was) using me as a sperm donor by stealing sperm from me," he wrote in a 2008 statement to police and his employer.
When asked by the Crown whether he thought pregnancy could result from anal sex, Ndyat replied "I'm not in the medical profession."
The victim, meanwhile, testified she began feeling sick after Ndyat passed her an already-opened beer, then lost consciousness and later awoke to find him in the midst of raping her.
In rendering his decision Thursday, Chartier said he had no doubt it was the woman who was telling the truth.
"The testimony of the accused is not credible. I don't believe it," he said. "Why would she help him put a condom on if her intention was to have a baby? Why would she have anal sex if she wanted to get pregnant? It's just simply not believable."
Ndyat, executive director of the Winnipeg Afro-Aboriginal Cross-Cultural Association, will be sentenced later this year. The date has yet to be set.
Crown prosecutor Lisa Cupples told court Thursday she will likely be seeking a sentence of four to five years in prison.
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