House arrest for sex assailant
Intoxicated 19-year-old man groped teen girl on New Year's Day
John McFadden
Northern News Services
Published Wednesday, December 17, 2014
SOMBA K'E/YELLOWKNIFE
A 19-year old man has been sentenced to eight months of house arrest after being convicted of sexual assault on a 16-year-old girl.
The man was convicted in October following a trial in August. Court heard that he had arrived at his then-girlfriend's home early in the morning of Jan. 1, after New Year's Eve.
He was heavily intoxicated when he made four separate aggressive sexual advances against the victim. Testimony revealed that her parents and two of her friends were in the home at the time. The assault consisted of him pinning her down in the basement of the home and then following her upstairs where he removed some of her clothing and groped her.
The sentencing hearing stretched over two days, beginning Dec. 5 and wrapping up Dec 12. In handing down the sentence, territorial court Judge Robert Gorin told the accused he is allowed out of his home to attend school or work and fto run errands for an hour over lunch. Gorin ruled the man must also give a sample of his DNA and that his name will be placed on the national sex offender registry. Gorin noted that the man has no prior criminal record and based on the letters of support he had read, the assault was out of character for him.
The judge also said that the man is not responsible for the bullying and harassment the victim claims to have received since the attack.
"He is not to blame for others committing deplorable acts or even crimes against the victim," said Gorin.
However, he did acknowledge the harassment would not have happened if the accused had not committed the sexual assault in the first place.
During the sentencing hearing, Crown prosecutor Allison Duckett told the court the victim still suffers trauma from the attack. The young woman has panic attacks and blames the accused for "ruining her," said Duckett.
She said the victim has chosen to leave Yellowknife and is finishing her high school education while living with relatives.
"He has shown no remorse and has taken no responsibility for his actions," Duckett said.
She had called for a jail sentence of between 12 and 15 months in custody, but she was not opposed to house arrest.
The offender sat beside his defence lawyer, Niko Homberg, during the sentencing hearing with several family members seated behind him. Homberg asked for leniency, calling for a suspended sentence, adding that the man had no criminal record before the offence. Homberg said the man was not opposed to a conditional sentence to be served in the community.
Homberg pointed out that the man has a book containing 16 letters of support from friends and family. The man was born and raised in Yellowknife and would like to eventually be able to return to university to continue his studies, said Homberg said.
"(He) apologizes to the victim and hopes the victim's emotional scars will eventually heal," Homberg said. The accused declined the opportunity to address the court.
