Wade Kapakatoak, whose shocking sexual assault of a woman behind Yellowknife's Capitol Theatre last year raised questions about the 's treatment of assault victims, was sentenced to two years less a day last week.
In May 2017, Kapakatoak, 25, sexually assaulted a highly-intoxicated, and, at times, unconscious woman in an alley behind the downtown theatre.
Kapakatoak was arrested by responding officers soon after the attack.
But so was the victim.
The revelation she was arrested under the Liquor Act, instead of being taken to the hospital for a medical examination, didnSA国际影视传媒檛 go unnoticed by Judge Garth Malakoe, who convicted Kapakatoak SA国际影视传媒 after changing his plea to guilty SA国际影视传媒 in August.
SA国际影视传媒淚 am unable to imagine circumstances which would justify this type of treatment of a victim of sexual assault,SA国际影视传媒 stated Malakoe in a written decision.
SA国际影视传媒淚t appears the victim was not treated with the dignity and compassion that she or any victim of sexual assault deserves,SA国际影视传媒 the judge wrote.
After Malakoe called on police to explain the SA国际影视传媒渆gregiousSA国际影视传媒 move, Yellowknife G Division opened a review into the handling of the sexual assault.
On Thursday, following Kapakatoak's sentencing, Yellowknife said none of the involved officers faced discipline as a result of the review. The force defended using cells when other options aren't available and vowed to work towards reducing the re-traumatization of victims.
During Kapakatoak's sentencing hearing, his lawyer, Thomas Boyd, asked Malakoe not to further punish his client due to any SA国际影视传媒渕alfeasanceSA国际影视传媒 on the part of the . Boyd and Crown prosecutor Blair MacPherson both called for two years less a day SA国际影视传媒 a sentence Malakoe accepted.
In recommending the sentence, plus probation, MacPherson revisited the SA国际影视传媒渟hockingSA国际影视传媒 and SA国际影视传媒渆xtremely seriousSA国际影视传媒 sexual assault, including the aggravating factors of the offence.
The SA国际影视传媒減rolonged nature of the attack,SA国际影视传媒 MacPherson said, was aggravating.
SA国际影视传媒淜apakatoak was relentless in his pursuit of sexual gratification. HeSA国际影视传媒檚 opportunistic and predatory in his actions,SA国际影视传媒 said MacPherson.
So too, he said, was the fact the victim was heavily intoxicated. She was in a vulnerable state. The victim passed out, but that didn't deter Kapakatoak, said MacPherson.
SA国际影视传媒淗e saw her as an object to be used at his own will. It was an attack on her body, but also an attack on her sexual integrity,SA国际影视传媒 he said.
Following the sexual assault, the victim couldnSA国际影视传媒檛 be located to testify SA国际影视传媒 and she didnSA国际影视传媒檛. Malakoe stated if the victim was avoided giving testimony as a result of her encounter with Yellowknife , then SA国际影视传媒渉er treatment by the police has affected the judicial process.SA国际影视传媒
The victim was not in court Thursday and did not submit a victim impact statement.
MacPherson said such an assault could have left her living with fear, embarrassment and a lack of trust.
Boyd urged the court to consider his client's significant Gladue factors.
He said Kapakatoak lost his language and culture after relocating to Yellowknife, where he fell into addiction and homelessness.
Despite MalakoeSA国际影视传媒檚 highlighting of SA国际影视传媒渢roubling remarksSA国际影视传媒 made by the offender in a pre-sentence report SA国际影视传媒 about blaming alcohol and the victim rather than himself SA国际影视传媒 Boyd said there are plenty of other entries that indicate his clientSA国际影视传媒檚 remorse and insight into behaviour.
In handing down his sentence, Malakoe called Kapakatoak's crime a SA国际影视传媒渄ehumanizingSA国际影视传媒 breach of sexual autonomy and integrity that will likely leave the victim with lasting psychological and emotional wounds.
The vulnerability of the victim at the time of the attack, he said, means Kapakatoak has a high level of moral blameworthiness. The victim was taken advantage of while unconscious SA国际影视传媒 a type of sexual assault Malakoe said is all too prevalent in the territory. He espoused the words of Justice Louise Charbonneau, who called sexual assaults on sleeping or passed out women and girls an SA国际影视传媒渆pidemicSA国际影视传媒 in NWT.
Kapakatoak, who hung his head as he sat in court, declined to speak before being sentenced.
Following his release, Kapakatoak must register as a sex offender for the next 20 years, is barred from owning weapons for 10 years. and must submit a sample of his DNA.
With credit for time served prior to sentencing SA国际影视传媒 a total of 333 days SA国际影视传媒 Kapakatoak will spend just over a year behind bars.