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Rapist sentenced to two years Tim Edwards Northern News Services Published Monday, August 1, 2011
Judge Bernadette Schmaltz did not read the full victim impact statement the victim prepared, choosing instead to read only the opening line: "I got a scar in my heart that will never heal." Clinton Kailek arrived drunk at the girl's door on Oct. 17, 2010, according to facts of the case read aloud in court on Thursday by Crown prosecutor Danielle Vaillancourt. Kailek asked if he could use her phone. After using it, he went up to her, kissed her, grabbed her by the wrists, pushed her onto a couch and had sex with her, without a condom. She repeatedly asked him to stop, but was frozen in fear. "It's the full rape of a (teenage) girl," said Vaillancourt. Before leaving her home, he told her she should be his girlfriend and that he'd come back and see her the next day. She went to see the community nurse, who then called the police that night at 9:35 p.m. A sexual assault kit confirmed what had happened, and DNA samples from Kailek matched both what was obtained through the kit as well as a sample of semen found on the couch. In court, Kailek had his head down during the entire proceedings. Vaillancourt said the victim has had much difficulty dealing with life after the assault, including nightmares and a need for counselling. She asked for 2 1/2 years in prison for the offender. Defence lawyer Tracy Bock said Kailek is also "desperately" in need of counselling as he suffers from depression and emotional instability - problems that, along with alcohol abuse, have arisen since his father's death while he was a teenager. Bock requested his client serve two years less-a-day, which would keep Kailek in an NWT jail rather than a prison sentence which may send him south. "He took responsibility and he is remorseful and he is sorry," Bock said, referring to Kailek's guilty plea. In her sentencing decision on Friday, Schmaltz said she believes Kailek is remorseful, but reiterated the seriousness of the crime. "She let him into her home. The breach of trust here is horrendous," said Schmaltz, stressing as well that the Criminal Code puts the sentencing outcomes of deterrence and denunciation ahead of those of rehabilitation when the victim of a sexual assault is under 18 years of age. However, given Kailek's young age, she suggested that rehabilitation is possible. During his two-year sentence, she asked he be given every opportunity for counselling and treatment programs. Following his incarceration, he will be on probation for two years. During that time, he must take any counselling recommended by his probation officer. Other conditions are; he's to have no contact with the victim unless in the presence of another, sober adult; he will be on the sex offender registry for 20 years; and he will provide a DNA sample to the police registry.
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