Amanda Vaughan
Northern News Services
Published Friday, September 28, 2007
YELLOWKNIFE - A Yellowknife man who has piled up a lengthy list of convictions since committing a sexual assault six years ago was finally sentenced for the attack in Territorial Supreme Court Wednesday.
Justice Ted Richard handed John Koyczan a four-year sentence for sexually assaulting a 17-year-old girl in August 2001. The 24-year-old man has been convicted 21 times since then for a range of crimes, mostly for break-and-enters but also for an assault and attacking a peace officer.
"The accused is no stranger to the legal system and no stranger to crimes against the person," said Crown counsel Janice Walsh during Wednesday's sentencing hearing.
"He has suffered no prejudice for walking around as a free man for five years, doing whatever he pleased, and clearly, according to his record, he did just that."
Koyczan wasn't charged for the sexual assault until May 2006, even though a sexual assault kit containing his DNA was obtained from the girl's underwear the day after the attack.
The evidence remained in a police locker for four years while the case was handed from one investigator to the next. An RCMP investigator testified earlier this year that the delay was the result of a high caseload at Yellowknife headquarters.
Koyczan's victim, now 23, said she was relieved the ordeal was over.
"I feel so happy. If I could kick up my heels, I would," the woman said in the courthouse after Koyczan was sentenced.
She said she had no family in the North to lend support during the trial, although she was accompanied in court by staff from victim services.
In August of 2001, the victim had just moved to Yellowknife from British Columbia with her mother, and for the sake of making friends in a new town, had met with Koyczan, a female friend, and four other young men on the afternoon of the assault.
In her testimony during Koyczan's trial Tuesday morning, she said that after her friend had gone home, she went to Somba K'e Park with the five men, under the impression that another group of girls they had run into earlier would be meeting them shortly.
At the park, the group drank vodka, and the girl, who had never been drunk before, said she started to become uncomfortable after beginning to feel intoxicated - especially so after the conversation turned to "horny guy talk."
Shortly after indicating that she wanted to go home, the victim believes someone among the group knocked her out. She was unable to remember anything further until she woke up in the park several hours later, covered in scrapes and bruises, her mouth swollen and bleeding with missing and cracked teeth. She was also missing her glasses, and all of her undergarments and her pants were on inside out.
After she fumbled her way home in the approaching daylight, her mother called police, and a sexual assault kit was taken from the victim. The kit was sent away for analysis after the victim was re-interviewed in September 2005. The DNA obtained from the kit was matched with Koyczan's after a warrant was issued for him to provide a sample. He was charged with sexual assault the following May.
Koyczan spent most of the hearing staring straight ahead and showed no emotion. He made no statement other than to thank his mother for being in court.
Both counsels recommended a sentence of 3.5 years, however Richard, noting the despicable nature of the crime, decided on four.
The judge also ordered Koyczan's name be entered onto a sex offender list for the next 20 years. He was also prohibited from owning firearms for 10 years.