'Clumsy Don Juan' convicted in controversial sexual assault case loses appeal

The man convicted of sexually assaulting a woman in Manitoba a case that sparked public outcry when Justice Robert Dewar suggested the victim was partly to blame has lost his bid to appealhis conviction.

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On Sept. 1, Kenneth Rhodes, 44, told Manitoba's Court of Appeal that inadequate legal representation and inconsistency in testimony between two separate trials are reason enough to have the conviction overturned.

Rhodes was first convicted on Feb. 18, 2011 when Dewar gave him a two-year conditional sentence, noting the victim was wearing a tube top,makeup and high heels.

"Sex was in the air," Dewarsaid at the time.

The comments ignited outrage across the country, and Dewar later apologized for them.

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In November 2011, Manitoba's highest court overturned the sexual assault convictionDewarhanded toRhodes,andgranted him a new trial.

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At the time, defence lawyer Josh Weinsteinsaid the decisionhad nothing to do with Dewar's comments.Rather, Weinsteinsaid, it wasbecause Dewardismissed his client's version of events, even though the evidence raised reasonable doubt.

At asecond trial in 2014, Rhodeswas convicted of sexual assault and given a three-year prison sentence.

In September 2015, the Court of Appeal heard that at that trial, Rhodes'legal representationfailed to cross-examine the victim and point out testimony that reportedly differed from that given duringthe first trial.

On Thursday, thatappeal was dismissed.