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SOMBA K'E/YELLOWKNIFE
A man who committed a sexual assault on a downtown Yellowknife street has been sentenced to 39 months in jail minus 15 months credit for time already served.

Bobby Robert Zoe (right) was sentenced on Wednesday on charges of sexual assault, attempted robbery and breach of probation. He has 15 months left to serve of his 39-month jail term due to time spent behind bars leading up to his trial. -

Bobby Robert Zoe, 32, has been in jail since Jan. 2, 2011, when he was arrested after sexually assaulting a 23-year-old woman on 53 Street.

On Dec. 16, Zoe pleaded guilty to the assault as well as to attempted robbery and breach of probation, all stemming from the same incident.

At about 8:20 p.m. on Jan. 2, Zoe forced the victim to her knees, put one hand over her mouth and one around her neck and demanded she give him money. She refused and he committed the sexual assault while holding one arm against her throat. She convinced him to loosen his grip by telling him she couldn't breathe, then she called for help.

Zoe said he was heavily intoxicated at the time and has no memory of the incident.

In determining the punishment, Judge Garth Malakoe took into account a number of factors. Malakoe classified the sexual assault as "major" in that it was likely to cause serious psychological or emotional harm to the victim. The woman submitted a victim impact statement revealing that she has anxiety about walking around the city by herself, even in daylight and that she continues to look over her shoulder when she is walking outside.

Victims of sexual assault, said Malakoe, often display severe yet sometimes undetectable emotional symptoms such as fear, humiliation, degradation, inability to trust and a sense of violation.

Malakoe also took into account that the assault was committed in a public, residential neighbourhood where the victim "should have felt safe."

He also considered the length and nature of Zoe's criminal record, which includes a prior conviction for sexual assault and another for sexual interference with a person under the age of 14.

On the other hand, said Malakoe, Zoe's guilty plea demonstrated that he has accepted responsibility for his crimes, spared the victim from having to face her attacker in court and spared a potentially lengthy or costly trial. Zoe's personal background was also a factor. The judge pointed to Zoe's upbringing, telling the court he was raised in Gameti by two elderly, adoptive parents who maintained a traditional lifestyle. He dropped out of high school in Edzo in Grade 10 while struggling with alcohol. His defence attorney, Tracy Bock, previously told the court that the social and economic deprivation Zoe was subjected to, as well as his lack of educational opportunities, should be considered.

"Unique systemic or background factors are mitigating factors," Malakoe said Wednesday.

Zoe needs counselling for grief and alcohol abuse, the judge said, before handing down his sentence.

The offender will serve two years less a day once his 15 months of pre-sentence custody are taken into account.

After being released from jail Zoe will be on probation for one year, during which time he will be required to keep the peace and be of good behaviour; abstain from consumption and possession of alcohol and non-prescription drugs; actively participate in counselling and have no contact with the victim, among other conditions.

He will also have to comply with the sex offenders information registry for 20 years.

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