Ex-professor avoids jail for sexually assaulting colleague at work
A former Western University engineering professor has been dealt a lengthy conditional sentence – and house arrest – for sexually assaulting a colleague in her office.
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The judge said the sentencing of a distinguished ex-Western University engineering professor for sexually assaulting a work colleague was “one of the most difficult decisions I’ve had to make.”
Before Superior Court Justice Spencer Nicholson was Ajay Ray, 65, the former head of Western’s chemical and biochemical engineering department. He was convicted last fall of sexual assault after a lengthy trial for what Nicholson described as “a “very serious violation of the victim’s sexual and personal integrity and autonomy.”
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The criminal conviction marred what had been a sterling reputation for two decades at the university and within the local Hindu community.
Nicholson admitted he struggled with whether to send Ray to jail as the Crown had suggested or to follow the defence argument that he serve his sentence in the community, particularly after weighing the terrible effect the sexual assault had on the 58-year-old victim, whose identity is protected by court order. She described being left “shattered” and “powerless” at a workplace that she believed was supporting her abuser.
The decision on Thursday was to sentence Ray to the maximum conditional sentence available – two-years-less-a-day – that would keep him out of jail. Included in the sentence was 14 months of house arrest, with the remainder of the sentence to be served with a curfew, followed by two years of probation. Ray must also stay away from the victim, provide a sample of his DNA and complete 120 hours of community service. His name will be added to the federal sex offender registry for 20 years.
“The principle of restraint plays a huge, perhaps, an outsized role in my decision today,” Nicholson said. “For so many reasons I think you would do poorly in jail. Your privileged life has prepared you horribly for what you would face if you were incarcerated.
“This incident has been a stain on you that will be tremendously difficult for you to overcome. Given my findings, it should be a very difficult stain for you to overcome.”
The consequences of the charge, the trial and the conviction have fundamentally altered Ray’s life. Following the charge, he was not allowed to teach on campus, but could continue to instruct online. After he was convicted, he was forcibly retired from the university.
“I accept that absent that conviction, Mr. Ray would have continued in his role at the university,” the judge said.
Ray and his family came to Canada from the eastern region of India in 2005 to teach at Western and he became a Canadian citizen in 2014. Nicholson noted that Ray was one of four children and his family is “replete with high achievers.”
Ray chose not to address the court at his sentencing hearing. A formal pre-sentence report was not requested, but the defence submitted a report of their own. Nicholson said he found the report “entirely self-serving” and put little weight on it for the decision.
Ray had submitted more than 50 letters of support from friends, students, colleagues and family from around the globe. “Words such as integrity, gentle, generous, considerate and kind feature prominently,” Nicholson said, and many said the offence was “completely out of character.”
His family has stood by him and he has maintained his innocence. He has also indicated he may appeal the case.
But Nicholson also had the facts of the assault. Ray and the victim had been both colleagues and friends. The relationship evolved with Ray often making sexual and personal comments to her about having a relationship.
That led to what happened on July 19, 2016, when the woman said Ray came into her office, lamented that he was lonely, his wife was away and he was in love with her. She said she was behind her desk when Ray moved forward on her, pinned her against the wall, and despite telling him to stop, he put one hand over her mouth and the other down her pants and sexually assaulted her. Then he left.
The whole event, as she described in her victim impact statement, was “incredibly scary and traumatic. She was paralyzed with terror, completely shocked, unable to move and or defend herself. She felt shattered and powerless and cried uncontrollably.”
What has followed is years of ongoing psychological trauma, Nicholson said, both for her and her husband. The assault was at work, which the judge said “should be a safe space for any employee.”
Nicholson directed some of his comments to the victim and her spouse. “I am mindful of the impact on each of you. I do not know if my decisions today have resulted in justice you deserve, but I hope to some measure it has. I hope it remains possible and it is my sincere wish that you are able to find a way to heal.”
Nicholson also told Ray that he was “painfully aware of the impact of my verdict and sentence upon your distinguished career and reputation.
“I believe today I have sentenced a good person but one who did, in my view, a very bad thing in the heat of the moment,” he said.
Ray’s defence lawyer Ron Ellis said after the hearing that Ray will consult an appeal lawyer in the coming days to assess whether he will appeal the case.
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