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Couple ignored order, ended up back in court

Andrew Raven
Northern News Services

Yellowknife (Jan 07/05) - A Yellowknife man convicted of sexually assaulting his common-law wife was sentenced to two months in jail Tuesday for violating his probation order.

The violation occurred when he contacted the victim.

According to Crown attorney Shelly Tkatch, the victim invited the man over to discuss their relationship on Oct. 21.

The 31-year-old man agreed.

After arriving at the woman's home, two separate fights eventually broke out. The woman sustained minor cuts to her lip.

Chief Judge Michel Bourassa wondered why the woman would choose to have contact with the man, who was sentenced to 14 months in jail for forcibly confining and sexually assaulting her in 2002.

"How does the law protect a woman who does not want to be protected?" Bourassa asked.

During the brief court session, the man admitted that he moved back in with his wife shortly after he was released from jail in August 2003 -- despite the court order that barred him from contacting her.

The couple then had a baby together, although they were not living together on the night in question.

"When these two get together, dangerous things happen," said Tkatch.

The original three-year probation order was put in place to protect the woman, Tkatch said.

Bourassa asked how the order could possibly be enforced if the woman wanted to have contact with her husband. "I wonder what we are doing," he said.

"As difficult as it is to enforce these orders... we have a duty to enforce them," Tkatch responded.

The judge amended the probation order and allowed the man to see his wife in public places and call her on the phone, but forbade him from going to her home or office.