SOMBA K'E/YELLOWKNIFE - A Yellowknife man convicted of sexually assaulting his stepdaughter was sentenced to five months in jail in territorial court on Friday.

The accused had originally pleaded not guilty to the single count of sexual assault, but then changed his plea to guilty on the day witnesses were to testify.

In a sworn affidavit by the victim's mother, she stated the offender was concerned that his 14 year-old stepdaughter was engaged in sexual activity, a violation of the rules of the household.

Crown prosecutor Marc Lecorre was incredulous, saying "if (the defendant) had concerns ... (the sexual assault) was absolutely not the appropriate way to handle them."

According to the facts previously read in court, which were agreed to by the offender, the assault took place Oct. 5, 2009 while the victim was napping on a couch in their home. The offender sat beside her and began moving her clothes around and lifting up her underwear with his hand. The accused later claimed he was checking for hickies. When the victim awoke and asked what he was doing, the offender said he knew she was sexually active and left the room.

The victim confided to a high school guidance counsellor, who called Social Services.

In the victim's impact statement read aloud in court by Lecorre, the victim said her stepfather had "trespassed where he did not have rights to go."

In July, the offender dismissed his lawyer, Abdul Khan, and applied for a plea change back to not guilty just two weeks prior to sentencing. The reasoning provided by the offender at that time was that he did not understand the severity of the charge against him.

The offender appeared at the hearing for that application on Friday with his new lawyer, Daniel Rideout.

Lecorre delivered a lengthy and forceful submission opposing the motion, noting that the accused had already asserted that his previous agreement with the alleged facts in court was voluntary and well-informed by his original attorney, Khan.

Judge Robert Gorin rejected the application and the case proceeded to facts and sentencing. Court heard that the stepfather was in a position of trust over the victim at the time of the assault.

Gorin imposed a publication ban on the name and identity of the victim, who was a minor at the time of the incident.

The Crown requested a sentence of six to nine months, while the defence asked for four to six months in jail. Rideout noted that his client did not have a prior criminal record and that he had voluntarily sought counselling.

In his decision, Gorin said there had been a "breach of trust" by the offender in committing the assault. The judge added that while the offender's attempt to change his plea "somewhat undermined" any mitigation of the sentence, the fact that a trial requiring the victim to testify was not held was taken into consideration.

In addition to his five months incarceration, the offender must register as a sexual offender and also submit his DNA to a database. He will face two years of probation requiring him to report to a parole officer and attend counselling as directed. Complying with a request of the victim, Gorin ruled that the stepfather may not have contact with his stepdaughter except with her consent and with a "mature and sober" adult present.

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