An NWT man was sentenced Jan. 18, to 14 months in custody for sexually assaulting a sleeping teenager in the Beaufort-Delta region.
On the night of the offence, the man had been invited over to the residence to drink with another resident of the victimSA国际影视传媒檚 household. The man, 24 at the time, went upstairs to use the washroom on the second floor and subsequently entered the sleeping girlSA国际影视传媒檚 room instead of rejoining his friend downstairs.
The offender, who said his memory of the night is limited, was physically removed from the residence.
A publication ban prevents SA国际影视传媒 from disclosing information that could identify the victim, including the name of the offender and the community where the 2018 offence took place.
Though the girl asked for her victim impact statement to not be read out in court, Crown Prosecutor Jacqueline Halliburn told the court that the event has SA国际影视传媒渃hanged her life" and "impacted her ability to interact with people in a normal and healthy way.SA国际影视传媒
The court heard that the offence led to the girl dropping out of school, feeling ashamed, embarrassed, guilty and depressed.
In delivering her sentence, Justice Shannon Smallwood said it was SA国际影视传媒渁ggravatingSA国际影视传媒 that the man abused a minor asleep in her own home.
She noted that many girls in the NWT are abused SA国际影视传媒渋n places where they should feel safe.SA国际影视传媒
SA国际影视传媒淭hey are abused by no fault of their own,SA国际影视传媒 she said SA国际影视传媒渙ften by men under the influence of alcohol.
In this case, the victim was "at the mercy of (the offender)," "an invited guest into their home," Smallwood said.
The court heard that a number of letters of support were submitted on behalf of the offender. SA国际影视传媒淚 donSA国际影视传媒檛 know that ISA国际影视传媒檝e ever had a case with this many letters of support,SA国际影视传媒 said defence lawyer Kate Oja.
At the time of the offence, the court heard that the man had been SA国际影视传媒済etting blackout drunk every weekendSA国际影视传媒 and using crack cocaine. He is now 14 months sober, since November 2019.
SA国际影视传媒淭he letters suggest that if (he) can maintain sobriety, he wonSA国际影视传媒檛 re-offend,SA国际影视传媒 Oja said.
Before receiving his sentence, the man apologized for actions. He thanked his wife and family, who were present in the courtroom, for their love and support and said he hopes to continue treatment with his counsellor while in custody.
Smallwood said she SA国际影视传媒渁ccepts that he is genuinely remorseful for what he didSA国际影视传媒 and that his SA国际影视传媒渆fforts for rehabilitation are to be commended.SA国际影视传媒
While the manSA国际影视传媒檚 guilty plea is considered late since trial had already begun when the new plea was entered, Smallwood said it is still mitigating since it SA国际影视传媒渟avedSA国际影视传媒 the victim from testifying and removes any lingering doubt about what may have happened.
After the manSA国际影视传媒檚 14 month sentence, he will be on probation for two-and-a-half years.
The offender will be barred from use of firearms for 10 years after his release and will remain on the sexual offender registry for 20 years.
In addition to continuing with counselling as directed, the man was ordered to avoid contact with the victim.
He is prohibited from attending her place of residence, employment or education. If the man arrives at a location where the girl is present, he must leave and may only return once she has vacated.
SA国际影视传媒淭he victim appears quite angry as you can understand,SA国际影视传媒 Smallwood said. SA国际影视传媒淪ome day you may be able to apologize in person, but it will have to wait until she wants to speak with you.SA国际影视传媒
Smallwood acknowledged that the crime is a major sexual assault and that denunciation and deterrence are necessary considerations for sentencing. She also noted that the letters submitted on the offenderSA国际影视传媒檚 behalf are SA国际影视传媒渟upportiveSA国际影视传媒 and SA国际影视传媒渁ttest to the changes (he) has made in his life and (his) value in the community.
SA国际影视传媒淚 believe if he stays sober he will not be before this court or another court again,SA国际影视传媒 she said. SA国际影视传媒淚t will require hard work, but with the support of family and the community I believe (he) can continue to make those good choices.SA国际影视传媒