He's convicted of abusing women. But this St. John's man was just sentenced as a first-time offender

Kevin Evans of St. John's was convicted and spent months in jail two years ago for abusing his former girlfriends in nearly identical ways. But during his sentencing hearing in an Ontario court Friday he was considered a "first-time offender."

That's because Evans, 32, was charged with assaulting Jessica Donald before being arrested for assaulting his two other former girlfriends. As such, those convictions which netted him 169 days behind bars at Her Majesty's Penitentiary couldn't be considered in sentencing.

"Nothing compares to being afraid of dying at the hands of the person you love," Donald read from her victim impact statement at Ontario Superior Court in Milton, Ont.

Evans, 32, pleaded guilty in Septemberto five counts of assault against Donald, whom he dated between 2017 and 2018. Othercharges, including sexual assault and choking, were withdrawn as part of a plea agreement. However, Evans did admit in an agreed statement of facts that he choked Donald during two of the assaults.

The sentencing hearing was a long time coming for Donald, who said there have been multiple delays after Evans changed lawyers and applied to the court to access raw media interviews and her personal health files.

'Trauma begets trauma'

JusticeErika Chozikset the case back even further to allow Evans to complete counselling in an effort to prove he is trying to rehabilitate himself.

Choziktold the court she believes Evans is "genuine" in his efforts and has taken "real strides" toward rehabilitation.

"He had a very tragic upbringing, a young boy exposed to family violence,"Choziksaid. Evans's pre-sentence report noted he witnessed domestic violence at home between his biological parents before going into foster care.

"Trauma begets trauma unless the cycle is stopped."

The court was also given letters of support by Evans's new girlfriend and some members of her family. However, they were not read in open court.

The defence asked the judge to imposed a suspended sentence which requires probation for one year. The Crown asked for six months' house arrest followed by a six-month conditional sentence, as well as two years' probation.

Choziknoted Evans has shown a "pattern of abuse significant abuse" through the assaults he committed after Donaldbut said she could not consider it an aggravating factor in sentencing. The charges relating to Donald in Ontario were laid prior to those in St. John's.

Chozik decided against house arrest because it would mean Evans would lose his job. Instead, she imposed a one-year conditional sentence, which would turn into a period of incarceration if Evans breaches his conditions.

He will also serve two years of probation. Chozik decided against including an alcohol ban during that period of time, despite the crimes having been fuelled by alcohol and drug use.

"Unfortunately, it's not enough. In my mind, he should have gone to prison," saidDonald afterthe hearing.

"A conditional sentence means he can basically go about his day and he just has to be careful [not to] break the law again."

Donald, fromBurlington, went to police in January 2019, months after ending her abusive relationship with Evans.CBC News later went to courtto have the publication ban covering Donald's identity lifted, making way for her to publicly tell her story using her real identity.

• CBC Investigates:She said, she said, she said: Women recount harrowing stories of abuse and survival

Evans fought the application, but the judge ultimately sided with the CBC.

The case was later delayed when Evans requested thatCBC News and the Toronto Sun hand over their raw interviews with Donald, and for Donald's private medical records.

He later withdrew that request.

A close bond

Donald did not arrive tocourt alone. She was accompanied by Lindsay Plank, one of Evans's former girlfriends whom he has been convicted of assaulting in St. John's.

"We literally lived the exact same life when we went through this experience,"Plank said outside court.

"Itreally is disappointing to see that they didn't take into account the other charges because this is clearly something he repeats."

After four years, multiple delays and an unsatisfying sentence, Donald says she would still go through it all again to educate others, seek justice andcreate an unwavering bond.

"Just having that sounding board and having that other person who understands what it's like and understands who this person is really made all the difference in the world," Donald said.

"I love her and I thank her [for being here]."

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