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Five-year sentence for man convicted of sexually assaulting underage girls

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Joshua Desjarlais, 27, pictured in an undated online photo. June 21, 2019.

A Yellowknife man who admitted to having sex with three underage girls received a five-year sentence Friday after being convicted of sexual assault earlier this year.

Twenty-seven-year-old Joshua Desjarlais was 25 when he had sex with two 14-year-old girls and one 15-year-old girl during a two-week period in September 2017. He was on probation at the time of the offences.

By law in Canada, a person must be 16 years of age or older to consent to sex.

At trial, Desjarlais argued he believed all three of the victims were of age, claiming they told him they were. His lawyer, Scott Cowan, said DesjarlaisSA国际影视传媒 belief was backed up by the victimsSA国际影视传媒 appearances SA国际影视传媒 he said they SA国际影视传媒渓ooked olderSA国际影视传媒 SA国际影视传媒 and because they drank and consumed drugs.

The assaults took place at DesjarlaisSA国际影视传媒 apartment, where he provided the victims with alcohol and cocaine.

NWT Supreme Court Justice Shannon Smallwood rejected his defence.

She ruled Desjarlais did not take all reasonable steps to determine how old each of the victims really were. He was convicted on three counts of sexual assault.

Prosecutors called for an eight-year sentence.

Sexual assaults against children under the age of 16 carry a mandatory sentence of one year in jail. In cases where an offender commits multiple sexual assaults against children under 16, courts must impose consecutive sentences for each conviction.

DesjarlaisSA国际影视传媒 lawyer recommended four to four-and-a-half years SA国际影视传媒 significantly less than what the Crown had called for.

Smallwood reminded the court that children under the age of 16 are SA国际影视传媒渋ncapable of consenting to sexSA国际影视传媒 with adults, saying thereSA国际影视传媒檚 a SA国际影视传媒渘eed to protect them even when they think itSA国际影视传媒檚 acceptable conduct.SA国际影视传媒

She added itSA国际影视传媒檚 important to remember SA国际影视传媒淒esjarlais was the adult in these situations.SA国际影视传媒

Smallwood said itSA国际影视传媒檚 clear the sexual assaults have left enduring negative impacts on the lives of the victims.

The CrownSA国际影视传媒檚 eight-year recommendation wasnSA国际影视传媒檛 excessive, but failed to adequately consider the totality of the case, she said. Given DesjarlaisSA国际影视传媒 circumstances and background as a Indigenous offender SA国际影视传媒 He has been in custody since his arrest in October 2017 SA国际影视传媒 an eight-year sentence would be "crushing."

Desjarlais, SA国际影视传媒渓ike many Aboriginal offenders, has been affected by violence, drug and alcohol abuse and dysfunction,SA国际影视传媒 said Smallwood.

With credit for time spent in remand custody, he has just over two-and-a-half years left to serve.

Desjarlais must register as a sex offender for life. For three years after his release, he is barred from pursuing employment in an environment where heSA国际影视传媒檇 be in a position of trust or authority over anyone under the age of 16.





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