SOMBA K'E/YELLOWKNIFE - A 32-year-old Yellowknife man who sexually assaulted a woman in her home while her boyfriend slept nearby was sentenced to a jail term of 16 months in NWT Supreme Court on Dec. 14.

Crown prosecutor Mathieu St. Germain told the court that on April 2, 2010, Joseph Michael Beaulieu, and two other men were drinking vodka throughout the day at the victim's Gitzel Street apartment. In the early evening, they all passed out on the living room floor at different times. The victim, who was "slightly intoxicated" woke up lying on her side around 9:40 p.m. to find the arm of a man she believed was her boyfriend reaching around and touching her under her pants, including vaginal penetration.

After about 10 minutes, she turned around and discovered it wasn't her boyfriend but was Beaulieu. She became angry, pushed him away and called the RCMP. When they arrived, Beaulieu answered the door and was arrested shortly thereafter.

The victim's boyfriend and the other man remained passed out throughout the ordeal. Beaulieu pleaded guilty to sexual assault on Nov. 22.

The Crown submitted Beaulieu's criminal record, but noted there was only one minor unrelated offence in 2005.

Still, based on sentences handed down in other cases, prosecutor Mathieu St. Germain requested a jail term of 18 months because of the frequency of sexual assaults in the territory and the fact Beaulieu took advantage of a vulnerable female.

Defence lawyer Nikolaus Homberg said his client's positive character made it "a pleasure and an honour to represent him." He also explained Beaulieu was "extremely intoxicated" at the time of the offence. Homberg then submitted letters, including a letter of apology to the victim, as well as a letter of support from Beaulieu's present employer in the construction industry who indicated Beaulieu, if sentenced to jail time, will still have a job when he gets out.

Homberg sought a jail term in the range of six to 10 months. Beaulieu has been in custody since June 22 when he was sentenced to 30 days in jail for breaking court conditions. Based on this, Homberg asked the court to grant Beaulieu credit for time served.

Justice John Vertes told the court he believed Beaulieu was "truly remorseful" and his apology to the court and the victim was sincere. Vertes also said he still believes Beaulieu can have a productive life once he overcomes his alcohol abuse.

He then sentenced him to 16 months in jail minus four months credit for time already served, leaving him with one year to serve.

Beaulieu also received one year of probation once he's released. As a condition of the probation, he's required to abstain from alcohol for the first six months. He is also prohibited from owning a firearm for 10 years and he has to provide a DNA sample to the RCMP. Other conditions include having no contact with the victim and that he must be registered as a sex offender for the next 20 years.

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