Whitehorse Daily Star

Child ‘fearful around older men’ after incident

A 34-year-old man was sentenced to eight months in jail last Wednesday for sexually touching a young girl.

By Pierre Chauvin on March 28, 2016

A 34-year-old man was sentenced to eight months in jail last Wednesday for sexually touching a young girl.

Territorial judge John Faulkner put in place a number of conditions to restrict the man’s interactions with children under the age of 16 for the next seven years after his release.

The man will be barred from going to public parks and public swimming areas where persons under the age of 16 are present or can be expected to be present, daycare centres, schoolgrounds, playgrounds and community centres.

That specifically includes the Canada Games Centre, where the assault took place.

He will be banned from any job or volunteer position that would put him in a position of trust or authority over children under the age of 16.

On top of that, he will be barred from having any contact with children under the age of 16 for two years following his release from jail, as part of his probation conditions.

A no-contact order will forbid him from being within two kilometres of the victim.

A publication ban prohibits disclosing any details that could identify the victim.

Because the victim is a family friend of the offender, the Star isn’t publishing his name either.

The judge followed the joint submission for sentencing put forward by the Crown and the defence.

Prosecutor Leo Lane told the court about the sexual touching the man committed.

Sometime in 2014, the man and the victim, a friend of his nieces, were at the Canada Game Centre.

They were playing tag, and the man tagged her in the genital area, over her swimsuit.

In the spring of 2015, the man was with the girl when he pulled her shirt down and reached “as he was trying to touch her breast,” Lane told the court.

The girl left before he could touch her.

The girl’s mother filed a victim impact statement to the court.

In it, she spoke about the negative impact the assault had on her daughter, Lane told the court.

“She is fearful around older men,” he said, reading her letter.

The Crown and defence emphasized that the man had pleaded guilty early on, sparing the victim from having to testify in a trial.

Lane also told the court that the Crown only had an audio recording of the victim, and that there was little evidence to corroborate her testimony.

The plea allowed the Crown to avoid the challenges of proving the man had committed the crimes, he said.

The man has a criminal record with three convictions for violence and one for sexual interference, the same charge he was being sentenced for last week.

Because that previous sexual offence conviction is related to an offence that happened between the 2014 and 2015 offences, it can’t be considered re-offending, which would have allowed for a stiffer sentence.

When the man’s sentencing for that previous offence was over, Whitehorse RCMP arrested him again, this time on the two counts of sexual interference.

It’s not clear why police couldn’t have amalgamated all the charges into one file more than a year ago.

In the previous case, the man had forced a 12-year-old girl’s leg open and taken pictures of her crotch. She was wearing tights at the time.

He received a 90-day sentence and one year probation for that crime.

While it wasn’t an excuse for the crimes he committed, defence lawyer David Christie, noted his client’s family had been largely impacted by residential schools.

The man has two children. Their grandmother is taking care of them.

The man will have employment upon his release, Christie told the court.

He will be on the sex offenders registry for life.

With credit for time served while on remand, the man has 138 days left to serve at the Whitehorse Correctional Centre.

Comments (10)

Up 3 Down 2

Tom on Apr 1, 2016 at 2:34 pm

Justice forever and always will be best taken into the hands of the offended. No trust in our system.

Up 4 Down 4

Tom on Apr 1, 2016 at 2:31 pm

If anyone has info on this guy or his picture they should make some copies needs to be up at every corner.

Up 12 Down 4

Laurie on Mar 31, 2016 at 11:30 am

No matter the excuse, I am getting beyond tired of the joke sentences for these horrific crimes. My child was molested and the RCMP (another region) botched the case so badly that the charges were dropped.... after many many months of screwing around. Besides the light sentences, most people who do these crimes won't even get prosecuted because it ends up an adults word against a child's word and guess who comes across better in Court?

Up 54 Down 6

mbap1585 on Mar 29, 2016 at 4:36 pm

As a first nations person, on the younger side at 31, I'm getting pretty sick and tired of the whole residential school excuse. I'm not trying to say that it was a horrible time for those who went to it but enough is enough. Also, no real surprise that the grandparent is looking after the guys kids; a common thing with first nations; though glad to see that is changing with the younger generations.

Up 47 Down 20

No forgiveness on Mar 28, 2016 at 11:39 pm

Why do we not test out treatments for cancer and such on individuals such as this? How many convictions does it take to put him away and lock up the key? How many young girls lives does he have to ruin forever? Hope he gets what he's dished out in jail.

Up 58 Down 18

Luke on Mar 28, 2016 at 9:48 pm

Way to go Canada - being a pedophile - slap on the wrist. There's no better place to commit a crime than Yukon.

Up 107 Down 16

Yukoner on Mar 28, 2016 at 7:15 pm

What a joke.... The courts have to get serious at some point, residential school needs to stop being an excuse.

Up 44 Down 19

June Jackson on Mar 28, 2016 at 6:59 pm

This man is a serial offender...Cuba has the right idea...
"Firing squad. Death penalty for murder, attempted murder, hijacking, acts of terrorism, treason, political offenses [clarification needed], child rape, molestation of a child under 12 years of age with aggravating factors, rape of an adult with aggravating factors, rape of an adult that results in death, illness or grievous bodily harm, robbery with aggravating factors, drug offenses, production of child pornography, child trafficking, child prostitution, child corruption, piracy.

We should be protecting our children at all costs... where is justice for the victim? I see justice for the criminal...but none at all for those little girls.

Up 68 Down 18

Nikki on Mar 28, 2016 at 5:26 pm

How stupid ! They don't release his name ? So how the hell are others supposed to be aware of who to stay the hell away from ?! Protecting him is the most stupidest thing someone can do ! Won't teach him any sort of lesson especially since this isn't the first time ! Shameful.

Up 124 Down 14

jc on Mar 28, 2016 at 5:18 pm

How many more generations are these judges going to allow the residential school card to get FN offenders off serious criminal charges? I guess indefinitely. It's becoming absolutely ridiculous.

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.