The Alberta Court of Appeal has more than doubled the prison sentence of John Edward Beausoleil, a 71-year-old Ontario man convicted of raping an Edmonton woman in 1981. On Thursday, the appeal court resentenced Beausoleil to 7.5 years in prison, up from the 3.5-year sentence imposed by a lower court in 2023.
Appeal Court Cites Seriousness of Attack
In its decision, a three-judge panel consisting of Justices Jane Fagnan, Kevin Feth, and Tamara Friesen found that the trial judge, Court of King’s Bench Justice Paul Belzil, had failed to properly consider several aggravating factors. “While the sentencing judge recognized some aggravating factors, his recitation of the details of the rape failed to include several significant details and therefore failed to appropriately convey the seriousness of the conduct,” the panel wrote.
The court noted that Belzil did not adequately account for the predatory nature of the attack, including the threat of a knife, the physical injuries inflicted, and the fact that Beausoleil raped the woman without protection.
Details of the 1981 Attack
The assault occurred on September 18, 1981, in the underground parkade of the Lancaster Terrace apartments in Edmonton. Beausoleil, then 28, grabbed the victim, tore her clothing, and began kissing and fondling her. He then ordered her to the floor, claiming he had a knife, and raped her. During the attack, the woman suffered a broken pinky finger. She later testified that she still experiences nightmares decades later.
Beausoleil stole the victim’s purse, leading to an additional robbery conviction. The case went cold until 2018, when the Edmonton police historical crimes section re-examined evidence. A cutting from the victim’s dress, which had earlier tested positive for semen, was analyzed using DNA technology unavailable in the 1980s. The DNA profile matched a sample provided by Beausoleil following a separate sexual assault conviction in Ontario in 2001.
Arrest and Trial
Beausoleil, now a grandfather, was arrested at his home in Orillia, Ontario, weeks before the COVID-19 pandemic. He was convicted in 2023 of rape and robbery. At sentencing, the Crown sought an eight-year prison term, while the defence recommended three years. Belzil described the rape as a “brutal attack on a defenceless person” but imposed a 3.5-year sentence.
The Crown appealed, arguing the sentence was too lenient. The Court of Appeal agreed, emphasizing that the trial judge minimized key aspects of the crime. “Time has only deepened society’s understanding of the very grave physical and psychological harm occasioned by sexual violence,” the appeal court stated, citing the Supreme Court’s decision in the Paul Sheppard case. That case affirmed that sentences for historic sexual assaults should reflect current societal perspectives and sentencing regimes, not those at the time of the offense.
Legal Context and Impact
In 1981, the penalty for rape was life imprisonment. Although the offense has since been reclassified as sexual assault, with a maximum sentence of 10 years, the appeal court underscored that the harm caused by sexual violence is now better understood. The increased sentence reflects both the severity of the crime and evolving societal standards.
The victim, now in her early 80s, has expressed relief at the appeal court’s decision. The case highlights the role of historical crimes units and advances in DNA technology in bringing perpetrators to justice decades later.
