Paul Bickford
Northern News Services

Hay River (Aug 15/05) - A Fort Smith man was sentenced to five years in prison last week for sexually assaulting a woman while she slept.

Russell Sikyea, 22, of Fort Smith was given the sentence Aug. 11 after a three-day trial held in NWT Supreme Court in Hay River.

Sikyea was convicted of pulling the victim from her bed, where she was sleeping next to her boyfriend.

The woman awoke on the floor to discover the assailant having sexual intercourse with her.

The assault occurred on July 10, 2004.

Prior to sentencing, the woman tearfully read a victim impact statement, where she told the court she now has difficulty sleeping.

"Each little noise terrifies me in my own home," she said.

The 30-year-old was particularly emotional when she told the judge that her young daughter asked if such a thing could ever happen to her.

She said, because of the assault, she has gone from being an outgoing and relaxed person to someone who has only recently been able to again walk the streets of Fort Smith.

Justice Virginia Schuler gave Sikyea double credit for the 10 months he was held in custody awaiting trial, meaning he has 40 months left to serve. Schuler called the crime a "gross violation" of the victim's person and sexual integrity.

Sikyea had testified the sexual contact was consensual.

The seasonal forest firefighter and occasional carpenter was found not guilty by a nine-man, three-woman jury of a charge of break and enter in relation to the incident.

The court heard that a door to the house may have been open.

Judge's warning

While passing sentence, Schuler noted Sikyea's previous convictions for entering homes and watching women as they slept.

However, this was his first conviction for sexual assault.

Schuler added there was no sign of remorse from Sikyea for the offence.

She warned him that if he continued with such crimes, he risked being declared a dangerous offender.

"If it hasn't somehow sunk in that you shouldn't be doing this, it should sink in now," she said. Sikyea had nothing to say to the judge prior to sentencing.

The trial was moved to Hay River after two failed attempts to find a jury in Fort Smith when twelve people could not be found who did not have some connection to Sikyea or the victim.

Sikyea is also the man who complained of being assaulted on Feb. 5 by an RCMP constable in Fort Smith, while being held in a detachment cell in connection with the charges.

Const. Gary Scott Patterson was charged with assault and is to appear in Fort Smith Territorial Court on Sept. 15 to enter a plea.