Former medical student appeals rape conviction and sentence of nearly 4 years
Prachur Shrivastava was found guilty last year of a sexual assault in 2014
A former medical student who was found guilty last year of raping an unconscious woman at a Calgary party is appealing his conviction and nearly four-year sentence.
Prachur Shrivastava, 27, was sentenced this week after being convicted of sexual assault in the 2014 case.
He'd been partying with other medical students when he sexually assaulted a woman passed out in a friend's living room.
Shrivastava's notice of appeal says the sentence imposed is harsh and excessive. It also says mistakes were made during his proceedings.
He's seeking either an acquittal or a new trial; he wants that new trial by judge and jury.
Barring that, he's seeking permission to appeal his sentence.
His victim, whose identity is protected by a court-ordered publication ban, said after Shrivastava was sentenced that she was relieved he won't be able to harm anyone while in prison.
"No sentence will ever be enough after what he did," she said. "My life will forever be altered. But knowing that he is behind bars finally after all this time brings me relief."
Defence had asked for 9-month sentence
Prosecutor Tiffany Dwyer had proposed a sentence of four to five years, while Shrivastava's defence lawyer Dale Fedorchuk asked the judge to send his client to jail for about nine months.
On Wednesday, Court of Queen's Bench Justice Jolaine Antonio settled on a sentence of three years and nine months.
Antonio said she would not consider Shrivastava's professional and academic accomplishments as a mitigating factor in her sentencing decision.
Shrivastava had to withdraw from the University of Toronto's medicine program when the charges were laid but the school did allow him to complete a master's degree in biotechnology, and he found work with a California-based medical technology firm.
"I find no place for the abstract notion that good deeds can create a bank of credit to be drawn on sentencing," the judge wrote in her sentencing decision.
"I do not find in Mr. Shrivastava's status, aptitude, employment or education any circumstances that are exceptional or relevant to principles of sentencing such that they operate in mitigation."