The Ulukhaktok woman admitted to sending sexually explicit texts and Facebook messages to an underage girl, pleading guilty to an offence that carries a mandatory minimum sentence of three months in jail.

Her lawyer says the sentence would amount to cruel and unusual punishment for his client, a young victim of abuse herself, who lives in the small and tightly-knit Northern community.

Rhea Alikamik, 22, pleaded guilty to one count of invitation to sexual touching in December.

Anyone who SA国际影视传媒渋nvites, counsels or incites a person under the age of 16 years,SA国际影视传媒� to sexual touching is guilty of the offence under the Criminal Code of Canada.

In January of last year, Alikamik and the victim exchanged multiple text and social media messages SA国际影视传媒� initiated by the victim SA国际影视传媒� with the offender inviting the girl to engage in sex acts.

On Jan. 24, 2018,  they arranged to meet at the victimSA国际影视传媒檚 house, but Alikamik ended up calling it off.

The next day, police received a complaint about Alikamik's activity.

Alikamik confessed to police after being arrested, telling she asked the young girl for sex, knowing she was underage.

Alikamik told police she asked the victim to send sexually explicit photos to her, too.

Alikamik was 20-years-old when the offence was committed.

While the 90-day jail term the offence carries isnSA国际影视传媒檛 an exceptionally long sentence, AlikamikSA国际影视传媒檚 lawyer Paul Falvo said the prospect of being sent away to jail presents troublesome consequences for his client.

Falvo, arguing the mandatory minimum sentence should be tossed in AlikamikSA国际影视传媒檚 case on the grounds it infringes on her charter-protected right, asked Judge Robert Gorin to consider the impact incarceration would have on the 22-year-old, during a hearing in NWT territorial court on April 17.

Alikamik was not present in the courtroom.

SA国际影视传媒淓veryoneSA国际影视传媒� in her home community would know if sheSA国际影视传媒檚 sent away to jail, said Falvo, adding Alikamik could be SA国际影视传媒渞emembered for that,SA国际影视传媒� making it harder for her to recover after serving her sentence.

Instead of a jail term, Falvo proposed a sentence, served under house arrest in the community, that would focus on rehabilitating Alikamik. The Crown is opposing the challenge, arguing the mandatory term should be upheld.

'It's a terrible cycle'

Falvo noted the many Gladue factors at play in AlikamikSA国际影视传媒檚 life and upbringing, telling the court she is a victim of past abuse herself.

SA国际影视传媒淚tSA国际影视传媒檚 a terrible cycle,SA国际影视传媒� said Falvo. SA国际影视传媒淪heSA国际影视传媒檚 as much a victim as she is a participant in this cycle.SA国际影视传媒�

Given SA国际影视传媒渢he legacy that was handed to her,SA国际影视传媒� Falvo argued itSA国际影视传媒檚 not appropriate to send Alikamik to jail.

Falvo said it's not the burden of Alikamik to break a cycle she didnSA国际影视传媒檛 start.

Successfully challenging a mandatory minimum sentence on the grounds it violates a personSA国际影视传媒檚 right to be free from SA国际影视传媒渁ny cruel and unusual treatment or punishment,SA国际影视传媒� as outlined in the Canadian Charter of Rights and Freedoms, is no easy task.

First, a judge must determine what a fit and proportionate sentence is for the offence in question. Then, a judge must decide whether or not the mandatory minimum sentence they're bound to impose is grossly disproportionate to that fit and proportionate sentence.

Before he can start that process, Judge Gorin told Falvo he needs further submissions from the defence lawyer, which will be followed by a response from prosecutors.

Falvo will further make his case against the mandatory minimum sentence on May 8 in Ulukhaktok, when AlikamikSA国际影视传媒檚 matter is set for sentencing.