A man from Caledonia has recently been sentenced to prison for sexually assaulting a woman he met through a dating app in 2024, despite his lawyer’s efforts to interpret the time served in jail differently.
Theodor Fuster, aged 34 and married to a woman living in Florida, arranged for a woman from Calgary to fly to Toronto after they had been talking online for some time.
Upon her arrival, he took her to his home in Caledonia, where he touched her without consent, coerced her into sexual acts, and later that evening violently assaulted her while she cried out in distress.
“The fact that (Fuster) was on bail when the sexual assault occurred is an aggravating circumstance,” stated Justice Robert Nightingale.
Fuster was found guilty of sexual assault in February, but the case faced delays as the court addressed other charges against him and the fact that he attempted to leave the country before being arrested in Niagara County, New York.
With his previous conditional sentence collapsing, Fuster remained incarcerated.
He faced two convictions for possession of stolen property exceeding $5,000 in January 2025. Both were related to incidents prior to the sexual assault, adding more complexity to his case.
During proceedings in Cayuga court, Fuster’s lawyer argued that he should receive extra credit due to lockdowns and being placed with multiple inmates. This led to a thorough discussion between the judge and defense regarding how much credit could be applied.
A Crown prosecutor recommended a five-year sentence while Fuster’s lawyer sought half that amount due to various difficulties faced by Fuster.
“If the range (for this type of sexual assault) is three to five years, how can a sentence go below that,” questioned the judge.
The university-educated Fuster initially described his actions as an “error in communication” but claimed he gained insight into consent after being convicted.
He expressed hope that the verdict brought some peace of mind for his victim and noted personal growth toward becoming more emotionally stable and supportive since then.
“The impact on the victim was significant,” remarked Nightingale, “and I’m not satisfied there are factors for a sentence of less than two years (when you add credit) for harsh circumstances.”
The judge ultimately sentenced Fuster to three-and-a-half years behind bars while granting him only standard credit for time served. This left him with an additional two years plus 25 days remaining on his sentence.
He will be registered as a sex offender for 20 years and is prohibited from possessing certain weapons; he also had to provide a DNA sample.
SGamble
@EXPSGamble
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