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Prison faced for Frame Lake sex assault
Woman brutally injured during attack last summer

John McFadden
Northern News Services
Friday, April 17, 2015

SOMBA K'E/YELLOWKNIFE
A man who committed a brutal sex assault on a woman near the McMahon Frame Lake Trail last year is facing six to seven years in prison.

Charlie Simon, 44, originally from Fort McPherson, was charged with aggravated sexual assault more than five months after attacking the victim during an outdoor drinking party at around midnight on June 15.

Both Crown prosecutor Jeannie Scott and Simon's lawyer Alanhea Vogt called for a sentence of six to eight years in prison during a territorial court appearance on Wednesday. He is scheduled to be sentenced May 8.

There is a publication ban on any evidence that could identify the victim - a woman in her early 20s.

Scott told the court that Simon was drinking with a male friend and the victim, whom he had known for about three years, on the trail behind Ruth Inch Memorial Pool.

The other man eventually left, leaving Simon alone with the victim who eventually passed out, Scott said.

"The victim was found some time later by an RCMP officer on a routine patrol," Scott said. "She was lying on a rock and moaning."

The woman was taken to Stanton Territorial Hospital where she underwent emergency surgery for extensive injuries to her pelvic area, Scott told the court.

"She received 26 stitches and was in hospital for two weeks," Scott said. "Another surgery is possible."

Police returned to the scene the next morning and found a pair of women's panties, a pair of men's underwear, a bloody sock, a belt, shoes and empty bottles, Scott said.

The woman said they were drinking shots of alcohol when Simon pulled down her bra.

She said she was too shy to tell him to stop and that's the last thing she remembers, Scott told the court.

Police were unable to locate Simon at the time. Then on Nov. 26 at about 2:45 a.m., Simon turned himself into police, Scott said.

"He was at the PetroCanada card lock and told police he was under-dressed and cold," said Simon. "It was at that time that he confessed to the crime to police."

Court heard Simon may have been living in a tent near the Frame Lake trail during the time leading up to his arrest. He has been in custody since then.

According to Scott, the woman has suffered both physical and emotional injuries.

"She has difficulty sleeping and has nightmares of being raped. She now avoids the Frame Lake trail and is distressed by her injuries and ongoing medical treatment. She could have died," Scott said.

Vogt told the court that Simon grew up in Fort McPherson and that his life had been riddled with difficulties, including poverty and extreme violence.

"His mother was shot to death by a man who was not his father," Vogt said. "His was then raised by his father who was a mean alcoholic who sexually abused him."

His brother also died tragically when he was hit by a stray bullet and his sister was stabbed to death. Another adult also sexually abused him, Vogt said.

"He had no previous criminal record," Vogt told the court. "He has expressed remorse and always intended to plead guilty. He did not want the victim to go through a trial."

Simon pleaded guilty on Feb. 3.

He was allowed to leave the prisoner's box to sit beside Vogt during Wednesday's hearing. Simon was dressed in a long sleeve T-shirt and sweatpants. He kept his head bowed for much of the proceedings.

"I'm sorry and wish it had never happened," Simon told Judge Robert Gorin at the end of the hearing.

Gorin said that he believed Simon's apology was sincere.

The maximum sentence for aggravated sexual assault is life in prison.

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