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Stepfather heads to prison for sexually assaulting young daughter
'She is forever changed; my family grieves the loss of who she used to be,' says family member's victim impact statement
A stepfather has been sentenced in NWT Supreme Court to three years in prison for sexual assaulting his young teenaged stepdaughter — even as they sheltered during a police community lockdown.
The man pleaded guilty to the charge on what was to be the first day of his trial, meaning the complainant had to prepare herself to come to Yellowknife from her small NWT community to testify.
“Because of the late guilty plea, the complainant still had to prepare to be a witness … prepare to travel (from her community) for the trial,” said Justice Karin Taylor in reading her decision on Friday afternoon. “It is safe to assume this would have been incredibly stressful, in particular, given her age.”
There is a standard publication ban on details that could identify the complainant, so CKLB isn’t stating which community or region she is from, or the exact dates of the offences.
The girl was assaulted by her inebriated stepfather “two or three” times, in the family home – even as they were sheltering in place for an unrelated RCMP matter in the community.
“(The accused) was the main father figure in the complainant’s life … (he) was drinking heavily and would often black out as a result — that is, have no memory of the events that took place, said the judge.
While the sexual assaults did not involved penetration, “although not the highest degree of physical interference, is still physically intrusive and he clearly violated the complainant’s sexual integrity,” said Justice Taylor.
The girl has stopped going to school and has committed acts of self-harm because of the assaults, writers of two victim impact statements shared.
Said the judge: “(One of the writers) says the complainant used to be full of life, but is not now. She describes the complainant as formerly an avid reader who has now lost interest in reading and (stopped going to school). She is forever changed; my family grieves the loss of who she used to be.”
Both the stepfather and complainant are Indigenous, compelling the judge to weigh the impacts of colonialism when crafting a sentence.
“I accept there is intergenerational trauma present in (the stepfather’s) family as a result of residential schools,” said the judge, adding: “The Criminal Code acknowledges the vulnerability of Indigenous women and girls and requires (courts) to give primary consideration to denunciation and deterrence.”
The judge said there is a risk of the man re-offending, as he said he committed the assaults while “blackout” drunk.
The Crown had called for a four-year sentence, while the accused’s lawyer argued for a range just more than two years, followed by a long period of probation.
With the man’s accumulated remand custody, he has just over two years left to serve.
While in custody, he will be prohibited from contacting the complainant and once released will not be allowed within 100 metres of her residence.
He will also be barred from volunteering or working in any position that involves supervising children under the age of 16, or be in areas where children could be gathering.
He will also be registered in the national sex offenders’ database for 20 years, be banned from owning firearms for 10 years, and must provide a DNA sample to be kept on file.
