Sexually assaulting a French expat ? who does not remember the incident ? more than three years ago has earned a Pembroke man a six year prison sentence.

Albert Antonio Wolffe, 42, faced up to 20 years in prison for sexual assault on January 1, 2001.

The victim was celebrating New Year?s Eve at Blue Juice Bar, Hamilton but has lost memory of the events. She believes she was drugged and there was no evidence to prove that ? but semen found inside her by Dr. Basil Wilson matched Wolffe?s DNA. Chief Justice Richard Ground read to the Court guidelines for sexual assault sentencing laws and decided upon a six year prison term.

?For rape committed without aggravated features calls for a minimum of five years. There are three dimensions to consider here. The first ? damage to the victim, the second ? the level of culpability, and third ? the level of risk to society.?

Mr. Justice Ground told the Court that he weighed his decision on the fact that Wolffe found the woman drunk and took advantage of her. He added: ?The fact that she may have got herself drunk is not mitigating.?

Acting Director of Public Prosecutions Kulandra Ratneser in his submissions to the Court suggested a minimum sentence of ten years for Wolffe.

He gave examples of sexual assault cases where similar sentences were given and reminded the Court that the victim was totally incapable of consenting to any sexual activity, adding that Wolffe has previous convictions for assault. He said: ?There is no remorse or any mitigating factors of this accused.?

Mr. Scott suggested that Wolffe received a sentence of time served. ?I think his (Wolffe?s) imprisonment in the US and since his conviction has been a sufficient amount of time.

?This was not a serious sexual assault ? just barely a sexual assault. On a scale of seriousness this has got to be the least serious. In the great wheel of this investigation this lady has been made to believe something terrible has happened to her.

?Mr. Wolffe is the only one who knows. I think his truthfulness is a guide to your lord.?

He ended by saying: ?When there is a real sexual predator send the message to society ? this is not the case.?

Wolffe was able to address the Court one last time since his trial began ? he chose to quote a few passages from the Bible intertwined with his own words.

?Judge not and he should not be judged. I have had lots of time to think about these things. I have spent most of my time praying.?

He described to the Court how he is a man of God and would never cause harm to anyone especially the ?female character?.

He ended by saying: ?May God rest upon your thoughts and final decisions.?

Mr. Scott plans to appeal the conviction and the sentence.

The victim said afterward: ?Overall, it is good because I did not even expect to get a trial. But I think one of the reasons he (Wolffe) did not get more time is because I can?t remember what happened that night.?