Is a common law partner entitled to a custodial sentence for sexual assault?

In R v. Cummings[9] 2009 QCCS 2605, the offender received a sentence of 21 months of incarceration for having sexually assaulted his common law partner. The complainant wanted to terminate her relationship with the offender. She had advised him that she would no longer sleep in the same bed as him and that she would not have sexual relationships with him anymore. Nonetheless at night, while she was sleeping, he would creep into her bed and have a forceful sexual relationship with her without her consent. This happened at a minimum of 5 occasions. The offender was 47 years old and had no prior criminal record.