Trouble hits Zimbabwean man based in Canada
A Zimbabwean man based in Canada will regret the rest of his life for accepting an invitation to a sex themed party with two female friends.
Eugen Ndhlovu, 25, will now be on police record for the rest of his life. If any offence is reported in his area, he will be among the first suspects to be investigated.
On June 26, 2015, Ndhlovu pleaded guilty to two counts of sexual assault and was sentenced to 6 months in jail followed by 3 years probation. He would also have been placed on the national sex offender registry for life; however, he challenged the constitutionality of the mandatory lifetime registration.
Court heard that on March 12, 2011, Ndhlovu was invited by a woman to attend a party billed on Facebook as a highly sexualized Jersey Shore event.
Ndhlovu declined because he was working the next day, but the woman insisted on his attendance, arranged a ride for him, and told him he could stay overnight and get a ride to work the next morning.
The pair and a mutual friend began drinking at the home that evening and, as the night progressed, the two women each reported instances where Ndhlovu sexually touched them without their consent.
Court heard Ndhlovu touched each woman’s buttocks while the three were posing for a picture. He also placed his hands on the friend’s thighs and buttocks during a conversation in the kitchen.
Ndhlovu later told police he did not remember the whole night, but pleaded guilty to sexually assaulting both women.
At sentencing, Moen ruled Ndhlovu posed a “very low” risk to reoffend as he had taken responsibility for his actions, showed great remorse and had no prior criminal record.
When Ndhlovu returned to court to argue that a lifetime Sex Offender Information Registration Act order was “coercive” and “grossly disproportionate,” Moen agreed and ruled it would deprive him of his liberty for the rest of his life.
“The law as it stands will now place Mr. Ndhlovu on police radar for the rest of his life any time a sexual offence is committed by a black man of average height in his neighbourhood,” said Moen, adding that requiring him to be on the registry “bears no connection to the object of assisting police officers in the investigation or prevention of future sex crimes.”