A British Columbia man will serve time in federal prison after an appeals court overturned a previous decision that allowed him to serve his sentence at home. Justin Donald Sewell, a veterinarian from Fort St. John, was initially sentenced to 33 months of house arrest after pleading guilty to drugging, sexually assaulting, and taking nude photos of his sister-in-law while she was incapacitated.

The ruling was made by appeals court justice Lisa Warren, who stated that the original sentencing judge made a significant error by not fully considering the severity of the voyeurism charges. These charges were separate from the sexual assault incident. Warren noted that the judge failed to recognize the distinct legal interests violated by the voyeurism offenses, which included one incident that was unrelated to the sexual assault.

In 2007, the victim, then 20 years old, moved in with her sister and Sewell, whom she had known since childhood. During a visit in June, Sewell offered her a “safe environment” to drink alcohol for the first time. Instead, he spiked her drink with drugs. Once she was incapacitated, he stripped her, sexually assaulted her, and took approximately 30 nude photos, including one that featured his genitalia near her face.

The victim was unable to recall the full extent of the assault due to the drugs and alcohol but remembered waking up to find Sewell removing her clothing. She later moved away for school, unaware that the photos remained on Sewell's work computer until they were deleted after a staff member accidentally discovered them.

The assault remained undisclosed until 2014, when one of the victim's sisters learned about the photos, leading to a rift in the family. Sewell's wife and the victim's parents initially sided with him. In 2019, the victim learned from Sewell's extramarital partner that he had admitted to drugging her and taking the photos, but not to the sexual assault.

After years of silence, the victim contacted law enforcement in 2021, leading to a recorded confession from Sewell during a meeting in Vancouver. He admitted to the sexual assault and to taking photos of her from outside her bedroom window on another occasion. Sewell was charged with one count of sexual assault and two counts of voyeurism in April 2022 and pleaded guilty in November.

At the sentencing hearing in April, the Crown requested a sentence of four years and six months, along with registration on Canada’s sex offender registry. Sewell's defense sought a lesser sentence of two years less a day in the form of a conditional sentence. The appeals court's decision to impose a federal prison sentence reflects the gravity of Sewell's actions and the impact on the victim's life.