Skip to content

Eight years for sexual assault

A Burnaby man found guilty of biting off the nose of his girlfriend during a sexual assault has been sentenced to eight years in jail. After credit for pre-sentence custody, Rodolfo Gonzalez-Hernandez, 45, must serve four-and-a-half years in prison.

A Burnaby man found guilty of biting off the nose of his girlfriend during a sexual assault has been sentenced to eight years in jail.

After credit for pre-sentence custody, Rodolfo Gonzalez-Hernandez, 45, must serve four-and-a-half years in prison.

In March, the Burnaby man was found guilty of the November 2009 aggravated sexual assault of his 40-yearold ex-girlfriend, who cannot be identified due to a publication ban.

Court heard that the incident happened inside his apartment after the couple had been drinking.

The victim testified that they were kissing when Gonzalez-Hernandez pushed her down on the bed.

She resisted his advances and a struggle ensued. He hit her in the face, put his mouth over her nose and bit off her entire nose.

The victim had plastic surgery and a skin graft to restore her appearance. She has no feeling in her nose and no sense of smell or taste.

Gonzalez-Hernandez claimed he had only given the victim an affectionate nibble on her nose and that it was an accident.

He told the judge the injuries were a result of consensual rough sex.

Crown counsel said he was a high risk to reoffend and a danger to the public. The crown called for a sentence of 14 to 18 years with delayed parole eligibility.

The accused's lawyer said the court should consider an extended period of probation with treatment terms.

B.C. Supreme Court Justice Mary Humphries called the event a "single episode of extreme violence" in a sexual context. A woman in a relationship with Gonzalez-Hernandez would be at risk of violence from him, she said. The judge imposed an eight-year sentence but reduced it due to double-time credit for 21 months of presentence custody.