Behchoko man convicted of sex assaults
Offences began when child was a toddler
John McFadden
Northern News Services
Monday, March 20, 2017
BEHCHOKO
A Behchoko man will be sentenced April 13 after being convicted of sexually assaulting his daughter on two occasions several years ago.
A publication ban has been placed on any evidence that could help identify the victim.
The man was found guilty in territorial court March 10 by Judge Bernadette Schmaltz following a one-day trial held the day before. The man was accused of two counts of sexual assault, three counts of sexual touching and one count of invitation to sexual touching.
The victim, who is now 17, testified that the first incident occurred in the early 2000s when she was a toddler inside a Behchoko residence while she was in her father's care.
The second incident happened in 2009 when she was nine-years old.
She testified that her father pulled over to the side of the highway while he was driving her to Behchoko from Yellowknife. She testified her father touched her genitals and made her touch his genitals. She said when that happened, she just looked at the window and cried.
The man was separated from his wife, the victim's mother, at the time of both offences, court heard.
In handing down her conviction, Schmaltz said the man's testimony could not be believed.
She noted his testimony claiming the drive to Behchoko took place in 1992, even though the girl wasn't born until 1999. She also pointed out how the man testified as to exactly what the girl was wearing when he babysat her in 2001. Schmaltz said she didn't believe he could remember what the little girl was wearing 16 years ago.
"I don't believe his evidence," Schmaltz said in court. "It was fabricated and self-serving in context with her evidence which was compelling and did not seem contrived.
"I believe it was her father that did this to her."
The victim currently lives in Alberta with her mother, court heard. Crown prosecutor Brendan Green said the victim came forward in January 2016 after learning about sexual assault in school. The man was charged in May.
The prosecutor told Schmaltz a pre-sentence report would be appropriate. He also said there is value in holding the sentencing in Behchoko.
Green has not yet revealed exactly how much jail time he will be asking for from the judge.
