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Crown seeks safety net

Andrew Raven
Northern News Services

Yellowknife (Dec 05/03) - During an emotional Supreme Court hearing earlier this week, lawyers debated the future of a 16-year-old boy who sexually assaulted two young girls.

Crown attorney Sadie Bond asked the court to designate the teen as a long-term offender -- a provision that would keep the youth under the close watch of probation officers for up to 10 years after his release.

The youth pleaded guilty in June to sexually assault on two girls, aged 12 and 11 in September and October 2002, respectively.

He has two prior sexual assault convictions on his record and another for forcible confinement.

During closing arguments Tuesday, prosecutor Bond and defence lawyer Glen Boyd, suggested the teen spend the next six years in custody.

But Bond wanted to ensure the teen, who was tried as an adult, will be closely monitored even after his release.

"It may seen drastic... but the evidence shows (he) is clearly dangerous to the community," Bond told the court.

"It is sincerely hoped that he can be (rehabilitated), but some safety net is needed."

Long-term offender status is one step down from a dangerous offender designation, which allows a criminal to be imprisoned indefinitely.

Roughly 15 people sat in the courtroom Monday and Tuesday, including probation officers, lawyers not associated with the case and the families of the two young victims.

Fighting back tears, the mother of one of the girls read from her victim impact statement, her words casting a pall over the courtroom.

"It's hard to put into words what our family has gone through. I'll never forget when (my daughter) looked at me and said, 'He raped me.'"

The teen sat motionless in the prisoner's box throughout the statement, occasionally glancing up only to look down again.

"How could he do this? What's wrong with his family to let him do this?" the woman wondered, alluding to the youth's troubled childhood. "I feel sheer pity for (him)."

Doctor testifies

A forensic psychologist testified Monday that the 16-year-old was at a high risk to re-offend without treatment.

"He had multiple motives (for committing the sexual assaults)," said Dr. Rueben Lang, who examined the youth several times over a six month period.

At one point, the teen told doctors he would rape again if he could get away with it.

"(It gives him) a sense of control, a sense of power and self gratification.

Without treatment, he will continue to pose a high risk to the safety of innocent children."

Lang said the teen has a conduct disorder -- a wide-ranging diagnosis that covers a number of emotional and behavioral problems.

But with proper psychological treatment, Lang said there is a good chance the teen could live in society without posing a significant risk to others.

"There are good prospects from (him) to resolve his sexual deviance."

Lang recommended the court not impose the long-term offender designation, suggesting it could hurt the youth's prospects for recovery.

During closing arguments, Boyd reminded the court of Lang's comments.

"For a 16-year-old, a 16-year sentence seems like a lifetime. (It's like) a dark cloud hanging over his head."

Following closing arguments, the youth slowly stood up and addressed the court.

"I'm sorry for what I did to those two little girls (even though) they may not believe me," he said before a deathly silent courtroom.

"Both of their lives have been changed by me."

Supreme Court Justice Ted Richard adjourned the case until Jan. 9, when he's expected to deliver his verdict.