Man Awaits Sentence For Fondling Friend's Penis

NORTH BATTLEFORD, CANADA - A North Battleford judge is mulling over the appropriate sentence for a man who fondled a buddy sleeping on his couch after a night of drinking.
Thomas Earl Ziegenbein, 61, pleaded guilty to a charge of sexual assault for touching another man's penis while he slept on Oct. 7.
At a sentencing hearing Monday, Crown prosecutor Mitch Piche said the victim has suffered as a result of the incident.
"He feels like less of a man," Piche said. "He was embarrassed by it, and had feelings of worthlessness on occasion."
Piche said the two, who were acquaintances, had been drinking together at a North Battleford bar that October evening when Ziegenbein invited the victim to sleep on his couch for the night. The man fell asleep at about 4:30 a.m. and awoke at 5:30 a.m. to find Ziegenbein touching his penis, Piche said.
The victim froze, hoping the assault would soon stop, Piche said. Moments later, Ziegenbein's wife called out to him, and the assailant left the room, Piche said.
"He appears to be normally heterosexual, so that's a little unusual," Piche said in an interview. "So that's why the judge wants to think about it, I guess."
Ziegenbein also pleaded guilty to breaching a court order in May not to drink alcohol.
Ziegenbein apologized in court Monday for the assault. The tall man, who had matted grey hair and wore a red and green checkered shirt, said he hasn't had a drink since he was charged with breaching the May court order.
"I'd first like to say I'm very sorry, again," he told Judge Dan O'Hanlon. "I'm trying to rectify the situation."
Kevan Migneault, Ziegenbein's lawyer, told the judge his client has an alcohol problem and is unemployed, and the assault wouldn't have happened if he was sober.
"It isn't something that someone wants to go through," he said.
Piche asked the judge for a conditional sentence of 18 to 24 months, which would be served at home. Piche also wants Ziegenbein's name added to the National Sex Offender Registry and asked the court to order him to stay away from the victim.
Migneault asked Ziegenbein be allowed to leave the house for medical appointments for migraine headache treatment and Alcoholics Anonymous meetings.
O'Hanlon reserved his decision Monday, saying he needed to look at other cases before sentencing Ziegenbein.
He'll back in court to hear his sentence Sept. 11 in North Battleford.
from The Star Phoenix