Unusual sexual assault case poses legal puzzle for judge

An NWT Supreme Court judge has a tough decision to make in a sexual assault case involving a woman employer forcing intercourse on a male employee at an on-the-land camp in the territory.

In addition to the Indigenous male victim not being considered a “vulnerable person” under the Criminal Code – Indigenous women are – the accused is a key provider for her family and others in the remote community in which she lives.

Another factor for Justice Karin Taylor to consider, is the accused maintains her innocence, despite being found guilty by a jury of sexual assault.

Then there are multiple Gladue factors to weigh, in determining a fit sentence for the accused, a woman over 40 years old.

The Crown is asking for a prison sentence of 2.5 years, while the defence counters with a two-years less one-day term, which would allow a conditional sentence to be imposed.

That would allow her to be under house arrest for most of the sentence, followed by an overnight curfew.

But she would be allowed to care for struggling family members and also engage in subsistence hunting.

“I plead with you your honour,” the accused woman said through tears earlier this week. “I ask that I can return to the community.”

The woman has a significant criminal record, but most of the offences – some violent — were related to an abusive relationship she has long since ended.

There is a publication ban on any information that could identify the victim.

Justice Taylor will render her decision Friday afternoon.