SOMBA K'E/YELLOWKNIFE - An awkward advance toward a much younger co-worker has landed a married father of two on the national sex offender registry for the next 10 years, although he avoided jail.

The accused's wife of five years, wearing a white hooded sweater and her hair back in braids, began sobbing Thursday, after the 50-year-old man was found guilty of sexual assault in territorial court, for the incident at his workplace of 18 months last October.

On the afternoon of Oct. 13, 2010 the man, who worked in the shipping and receiving department at a big name department store in Yellowknife, was alone with a 21-year-old co-worker in a warehouse at their workplace, helping her move shovels. When they were done, he asked her for a hug, and she complied, the court heard. He then asked her for a second hug before asking her for a kiss. Both the Crown prosecutor and the defence lawyer agreed the woman responded by saying "don't kiss me on the lips," before turning her head, which is when their testimonies diverge. The man testified his kiss landed on the side of her head, above her hairline, while the complainant claims he kissed her on the cheek. He then took and kissed the back of her hand, before walking away, the court heard.

The man testified his co-worker made a comment along the lines of feeling "creepy" after the exchange.

The woman then met her boyfriend to go to an appointment before returning to work and reporting the incident to the store's general manager, and eventually the police. The man was fired the following Monday; the complainant still works there.

In court, the man explained the exchange as nothing more than a friendly gesture, demonstrating the position of his arms when he embraced his co-worker, his right arm raised, and stating his left arm was around her back, and vice versa.

Crown attorney Blair MacPherson described the incident as "a hug that became an uncomfortable hug and an unwanted kiss."

The complainant said she feels uncomfortable when she mentally goes back to the incident and the judge said he could see that clearly during her testimony.

The man's testimony had a "rehearsed quality to it," the judge said, adding he found it "implausible" that he could remember such detail "especially if it was such a non-event."

"You kissed her and you hugged her," Chief Judge Robert Gorin said before sentencing him to 75 hours of community service, describing the offence as "a clumsy pass."

The first-time offender was also ordered to submit his DNA for the sex offender registry.

Gorin said his decision boiled down to a credibility contest between the complainant and the accused, and described the complainant's testimony as "compelling, straight-forward, natural, and credible."

The victim, whose identity is protected under a publication ban, provided a victim impact statement which she asked not to be read out to the court.

In handing down the sentence, the judge said the age disparity between the complainant and the accused was an aggravating factor in the offence as well as the fact that the assault took place in a workplace. The verdict was a message to the community that "these sorts of passes are not acceptable under any circumstances in the work environment," Gorin said.

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