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No jail time for home invasion, sexual assault

Jeanne Gagnon
Northern News Services
Published Monday, October 3, 2011

IQALUIT
Two male teenagers avoided jail time when sentenced Aug. 25 for their role in a break and enter into a home that led to the sexual assault of a woman at knifepoint in Iqaluit last year.

The youths, ages 16 and 17, along with their cousin, broke into an Iqaluit residence where a woman was sleeping with her son on Oct. 13, 2010, according to the written court decision. It states the woman woke to a man holding a 12-inch machete to her neck and demanding they have sex. Concerned her son would wake up, the woman suggested they move to the bathroom and that the offender put down the machete, states the written court decision.

It adds the offender then sexually assaulted the woman. The teenaged boys' cousin is accused of this crime.

As the cousin and the 16 year old boy were about to leave, the 16 year old sexually assaulted the woman by touching her inappropriately, the decision states.

The 17 year old entered the house but retreated outside as a lookout. That teen pleaded guilty to break and enter with intent to commit theft, breach of undertaking, assault for an unrelated incident on Feb. 11, which consisted of shoplifting at NorthMart and possession of marijuana for the purpose of trafficking.

The other teen pleaded guilty to break and enter and sexual assault. Both also pleaded guilty to break and enter at the Iqaluit liquor warehouse.

In a written decision released Aug. 25, Justice Earl Johnson sentenced the teen who committed the sexual offence to six months deferred custody, taking into account more than 10 months served a young offenders' facility. The teen, who was before the court for the first time, has "made good progress" while in custody, Johnson said, citing a report from the institution. The teen will also be under a curfew from 10 p.m. to 8 a.m.

The Crown had asked that the 16-year-old who committed the sexual offence be in custody and under supervision for three years.

The teen who acted as a lookout was sentenced to two years probation, as suggested by the defence lawyer. The Crown wanted a year of custody and supervision.

Both teens must submit DNA samples.

The incident had prompted the Qulliit Status Women to state at the time it was "deeply concerned."

"Words alone will not put an end to sexual violence," Donna Adams, president of the council, had stated in a press release.

The cousin, who committed the initial sexual assault, is subject to separate proceedings still before the courts.

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