A judge jailed a man for placing his meat stick and nut sack on the face of a passed out minor.

Justice Peter McIntyre dismissed a defence suggestion the practice, known as tea-bagging, has become a  way for party animals to make fun of those who get drunk and pass out.

“Your friends were very casual with what has been described as tea-bagging, this was no writing on somebody’s forehead with a crayon,” McIntyre said. “I don’t accept that this is somehow the norm at parties.”

Defence counsel Patrick Flynn sought probation for his client, a 21 year old man, arguing his client was taking the fall for a group of individuals committing “punkish” behaviour.

“Mr. Neibergall was not the first person, nor will he be the last, to in essence embarrass someone who has passed out,” Flynn said. “Mr. Niebergall is going to have to take the fall, so to speak.”

“I don’t accept that. That’s not you taking the fall, you did the act,” McIntyre told Niebergall sentencing him to 90 days behind bars. “I think deterrence is a primary consideration … so people of like mind don’t do the same thing …”

Crown prosecutor Susan Kennedy had sought such a sentence, arguing Niebergall took advantage of his 14 year old victim while she was in a vulnerable state. He placed his genitals on the girl’s face and took a picture of the act during a Dec. 31, 2005, party at his home, at which he plied her with alcohol.

McIntyre earlier ruled he had a reasonable doubt as to whether the girl was too drunk to consent to sexual intercourse she testified occurred before she passed out.