Jennifer McPhee
Northern News Services

Yellowknife (Aug 06/03) - After struggling over his decision, Supreme Court Justice John Vertes sentenced a 19-year-old man -- who tried to rape a 37-year-old woman -- to two years under house arrest.

John Crapeau, a first time offender, waived his right to a preliminary hearing and pleaded guilty to sexual assault.

Last August, a woman was visiting relatives in Dettah. She had a few drinks earlier in the evening and fell asleep with her clothes on, said Crown prosecutor Sadie Bond. When she woke, her pants and underwear had been removed and Crapeau was on top of her -- about to have sex with her.

He fled as soon as she woke and she discovered a window had been smashed.

Although Crapeau said he entered through the smashed window, he did not admit to breaking the window or to taking off the woman's clothes, said his lawyer Margot Engley.

The Crown did not try to prove these facts.

Bond said the man's crime was a "major" sexual assault. The victim still feels its repercussions, and would feel safer if Crapeau went to jail. Bond asked Justice John Vertes to sentence the man to two years less a day in jail.

Engley said her client -- who drank beer and hard liquor that night -- didn't attempt to continue the assault when the woman woke up, which sometimes happens in these types of cases, she said.

Given his age and absence of criminal record, Engley asked for a conditional sentence. She added the man has a large supportive family -- many of them were in court.

Vertes then adjourned court for several hours so counsel could check into whether house arrest could be enforced in Dettah.

Sending the young man to jail would be a harsh experience, he said. "If there's something better than jail, I'd like to know."

He also asked counsel to find out if the woman currently lives in Dettah.

When court began again, Bond said the victim does not live in Dettah, and would continue to visit her relatives but avoid the man if he was placed on a conditional sentence.

There are also just three probation officers in Yellowknife and it would be difficult for them to supervise a conditional sentence in Dettah.

Bond said it would be up to community members to make sure he complied with any conditional sentence, and was sceptical that his family would turn him in as they promised to.

Vertes said a lack of resources should not take away the accused's right to a fit sentence. He again adjourned the matter for several hours to think about it.

Later, Vertes said the assault is a serious crime that shows a complete lack of respect for other human beings. On the other hand, the accused shows no propensity for violence, admitted his guilt, and would not benefit from incarceration.

Everyone in the small community knows what the man did, said Vertes, and he will have to bear the stigma of his crime.

Vertes decided the man meets the criteria for a conditional sentence.

His sentence will require him to spend nearly two years under house arrest. Among other conditions, he must complete 120 hours of community service, abstain from alcohol and drugs and submit to random testing.

The judge told the accused he believed his statements that he wants to go to school and become a better person for his family and community.

"Don't let me down. Don't let your family down or your community down," said Vertes."