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Three-year sentence for 'violent' sexual assault committed in victim's home

A Yellowknife man who pleaded guilty to sexual assault moments before his trial was set to begin has been handed a three-year sentence for what prosecutors called a SA国际影视传媒渧iolent and traumaticSA国际影视传媒 attack committed against a woman in her own home. 

Darnell Kakfwi, 33, changed his plea on Tuesday, the same day he was set to be tried by a judge alone in NWT Supreme Court in Yellowknife. 

On Oct. 25, 2017, the court heard, the victim allowed Kakfwi to stay overnight at her house in Yellowknife. When she attempted to go upstairs, Kakfwi grabbed her. 

Kakfwi proceeded to rape the woman SA国际影视传媒 while her mother slept upstairs. 

At one point,  Kakfwi held her neck as he raped her and threatened to kill her if she screamed. 

Darnell Kakfwi, 33, leaves the Yellowknife Courthouse Wednesday after receiving a three-year sentence for a "violent" sexual assault in 2017.
Brendan Burke/NNSL photo

Kakfwi, who was on early release from an offence committed just months before, was arrested hours later. The victimSA国际影视传媒檚 DNA was found on KakfwiSA国际影视传媒檚 boxer shorts. 

HeSA国际影视传媒檚 been in custody ever since. 

'I can't keep holding onto the hate' 

SA国际影视传媒淚 donSA国际影视传媒檛 trust people,SA国际影视传媒 the woman wrote in a victim impact statement, read aloud in court on Wednesday. "I donSA国际影视传媒檛 want to go outside."

The victim began drinking heavily and lost focus on her studies after being sexually assaulted, she continued.  

SA国际影视传媒淚 have forgiven him,SA国际影视传媒 she wrote, adding she still regards Kakfwi with disgust but SA国际影视传媒渃anSA国际影视传媒檛 keep holding on to the hate.SA国际影视传媒 

NWT Supreme Court Justice Louise Charbonneau, who settled on the three-year sentencing recommendation from prosecutor Morgan Fane SA国际影视传媒 who said Kakfwi SA国际影视传媒渘eeds to be separated from society,SA国际影视传媒  said the myriad of complex feelings and struggles faced by sexual abuse victims are reflected in the womanSA国际影视传媒檚 statement: losing trust in people, feeling hatred, wanting to move on but not knowing how. 

Charbonneau said the attack was a "serious violation of her personal and sexual integrity," made worse by the fact it happened in the womanSA国际影视传媒檚 own home, SA国际影视传媒渢he one place she should have been able to feel the safest." 

Fane said the victim's mother is "guilt stricken" because she was sleeping upstairs when her daughter was raped.

The perpetrator has a lengthy criminal record, one that includes numerous convictions for violent offences. Kakfwi made headlines in 2004 when he was convicted of manslaughter at the age of 19.

He served three years for the crime, but his behaviour didnSA国际影视传媒檛 change upon his release.

SA国际影视传媒淔ar from it,SA国际影视传媒 noted Charbonneau, who pointed to multiple convictions Kakfwi accrued in Yellowknife in the late 2000s, including assault with a weapon and a trio of convictions for assault causing bodily harm. 

Kakfwi had no prior convictions for sexual assault. 

SA国际影视传媒淏ut sexual assault is a crime of violence,SA国际影视传媒 said Charbonneau. 

Upbringing 'nothing short of tragic' 

Growing up in Fort Good Hope in the shadow of the residential school system SA国际影视传媒 both his parents and grandparents attended the institutions SA国际影视传媒 one of KakfwiSA国际影视传媒檚 first memories was seeing his motherSA国际影视传媒檚 blood splattered on the walls of their home, said his defence lawyer Leslie Moore.

His mother and stepfather were "lost in a world of alcoholism," said Moore. 

To escape violence at home, Kakfwi and his mother would stay at safe houses. Often, heSA国际影视传媒檇 be left to find food at the homes of relatives. 

Charbonneau, who called KakfwiSA国际影视传媒檚 upbringing SA国际影视传媒渢ragic and heartbreaking,SA国际影视传媒 said itSA国际影视传媒檚 no surprise SA国际影视传媒 even SA国际影视传媒減redictableSA国际影视传媒 SA国际影视传媒 that the offender turned to alcohol and drugs at an early age. 

Ten years ago, Kakfwi moved to Yellowknife in an effort to turn his life around, but as his lawyer said, SA国际影视传媒渁ddiction had full control of his life.SA国际影视传媒 

Standing to address the court Wednesday, Kakfwi said heSA国际影视传媒檚 SA国际影视传媒減owerlessSA国际影视传媒 over his addiction to alcohol. He said he has a vague recollection of the assault he committed due to being intoxicated, but that he accepts the victimSA国际影视传媒檚 account of the attack. 

SA国际影视传媒淭hereSA国际影视传媒檚 nothing I can do to change it, but I am sorry,SA国际影视传媒 said Kakfwi, adding all his convictions have been "alcohol-related."

Charbonneau, who sentenced Kakfwi to the SA国际影视传媒渁bsolute minimum,SA国际影视传媒 the court could impose after weighing systemic factors and his own background and circumstances as an Indigenous offender, said itSA国际影视传媒檚 a SA国际影视传媒渧irtual certainty,SA国际影视传媒 heSA国际影视传媒檒l be back before the courts if he doesnSA国际影视传媒檛 seek help for his addictions issues. Charbonneau noted alcohol played a role in his manslaughter conviction, too.

SA国际影视传媒淵ou have a lot of life ahead of you,SA国际影视传媒 she told Kakfwi. 

Kakfwi has spent just over 20 months in custody. With a 1.5 day credit for every day spent in jail, that amounts to two years and six months, meaning he has six months left to serve. 

HeSA国际影视传媒檒l be on probation for two years after his release.

Kakfwi must register as a sex offender for the next 20 years, and is barred from possessing weapons for 15 years after his release. He cannot contact or attend the resident or workplace of the victim or her mother.





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