Dorothy Westerman
Northern News Services
Yellowknife (Mar 29/06) - A 22-year-old man who pleaded guilty to sexually assaulting a seven-year-old girl received a two-year suspended sentence in Supreme Court last Thursday.
I am not convinced it is necessary to send this young man to jail at this time, Justice Ted Richard told the court in sentencing Christopher Overvold, described as having Fetal Alcohol Spectrum Disorder (FASD).
Richard told Overvold if he violates conditions of his suspended sentence, he will be brought back to court to face a maximum 10-year sentence.
The court was told how Overvold made the child remove her clothing at which time he attempted intercourse and made her perform oral sex.
There were at least five assaults between March 1 and June 17, 2005.
During sentencing, Richard said the victim impact statement written by the girls mother said the child was initially withdrawn and distant, while the mother became paranoid, overprotective and lost trust in other people.
I hope the family will be able to put this traumatic event behind them, Richard said.
Overvold said he was very ashamed of what he did.
There is nothing I can say or do to make this any better, he said in a barely audible voice.
Richard noted that four years in prison is a starting point for sentencing such a case.
However I find the offender and circumstances are somewhat unique and distinguishable from cases cited in court.
You are extremely lucky to have family prepared to come to court and stand beside you when you take responsibility for your criminal behaviour, Richard told Overvold, who kept his head down during most of the proceedings.
Overvold must maintain full-time employment, has been banned from possessing firearms for 10 years, and was ordered to provide a DNA sample. He will be on the sex offender registry for 20 years.
He also must report to a probation officer and refrain from being alone with a person under the age of 16.
Overvold was also ordered to perform 200 hours of community service work and remain in the NWT unless written permission is obtained.
I cannot order you to take a treatment program, but you or your parents may want to consider that, Richard said.