'I'm glad it's over': Jack Kramer, acquitted of 1995 rape, gets time-served for lesser offences

Despite being a "prolific criminal," Jack Kramer who was acquitted last week of raping a woman in her Calgary home more than two decades ago has spent his last day behind bars after he was sentenced on Tuesday to time-served for lesser offences.

On Friday, Kramer, 52, was acquitted of forcible confinement and sexual assault, but found guilty of break and enter with intentand possession of a weapon for the 1995 attack on a woman and her family in their home in southwest Calgary.

Provincial Court Judge Allan Fradsham accepted a joint recommendation between the prosecutors Gord Haight and Rosalind Greenwoodand defence lawyer Allan Fay as he imposed what amounts to a five-year sentence.

• Jack Kramer acquitted of raping Calgary woman in front of husband in 1995
• Calgary woman raped in front of husband testifies at 1995 sex assault trial

"A five-year sentence is actually a fairly stiff sentence as far as break and entersgo," said Haight outside the courtroom.

"We felt that given the accused's atrociousrecordeven back then, and ultimately what happened to the victims, this case necessitated a stiff sentence."

Haight and Greenwood outlined a number of aggravating factors, including that Kramer is the one who armed the men he said were his accomplices and drove them to the home leading to "horrific acts" and trauma suffered by the victims.

Kramer apologizes

Kramer wasn't arrested for the crimes until 2014, and has since spent 30 monthsin custody. He is eligible to receive two days' credit for every day in custody which amounts to the exact five-year sentence imposed.

Kramer was given the opportunity to address the court, and apologized.

"I'm glad it's over and I'm sorry for ... what took place."

Fradsham reiterated his concerns that Kramer was the one who raped the victim, but said after trial he was left with a "reasonable doubt."

"Probable guilt doesn't cut it," said Haight. "A judge has to be satisfied beyond a reasonable doubt."

Victim raped several times

In July1995, the victim whose identity is protected by a publication ban was woken up in the middle of the night by a masked man with a knife, standing over her and her husband, as they slept in their home in the 1300 block of69thStreet S.W.

With the husband tied up in another room, the attacker demanded money from the woman before raping her several times.

Kramer testified that he met two strangers while partying at the Stampede that night and the trio decided to break into a home to get money to buy more alcohol.

They targeted that home, Kramer said, because he'd once done some lawn maintenance work there but he insisted he waited outside while the other two broke into the house.

A 'prolific criminal'

Kramer was arrested in 2014 when DNA testing linked him to duct tape used to tie up the woman's husband.

As of July 1995, Kramer had racked up 40 prior convictions, and his own lawyer, Allan Fay, described him as a "prolific criminal."

But between 2007 and Kramer's arrest in 2014, Kramer "cleaned up his act," according to Fay, who says his client intends on becoming a contributing member of society.

Fradsham praised the lawyers for their professionalism during the trial and the victims for their courage.

"It took incredible courage ... to relatethe horror that befell these people in July 1995," said Fradsham.