An Old Crow man has been sentenced to a seven-month conditional term followed by a 12-month probation for a 2018 sexual assault that took place at the Whitehorse Emergency Centre.

Stringer Charlie, 75, appeared in territorial court before Judge Michael Cozens on Wednesday for sentencing.

Charlie pleaded guilty to the sexual assault. He’d had two breaches of conditions charges levied against him, but those were withdrawn by the Crown.

The assault took place around 2:30 a.m. on Dec. 16, 2018, when the Fourth Avenue facility was known as the Centre of Hope and was managed by the Salvation Army. The Yukon government took it over in early 2019.

Before issuing his sentence, Cozens heard submissions.

Crown prosecutor Paul Battin argued for a 12-month conditional sentence followed by 12 months’ probation.

He did not want a firearm ban, but said Charlie should be on the sex offender registry for 10 years.

He proposed that the first three months of the conditional sentence be house arrest. For the remaining nine months, Charlie would have to abide by an 8 p.m.-to-6 a.m. curfew.

“I believe this is appropriate,” Battin told the court.

He said the suggested sentence recognizes Charlie’s progress in dealing with his issues.

That said, the Crown said the circumstances of the offence needed to factor in.

He pointed out that Charlie and the woman were sleeping on the floor of the shelter at the time of the assault. They were not in a relationship.

Charlie moved her legs and fondled her genital area, over her clothes.

He later put his hand down her pants and touched her. This continued multiple times until shelter staff stopped it.

The assault was captured on the facility’s security cameras and reviewed by staff.

Battin explained that the complainant is traumatized from the event.

He told the court she is under the impression that she was raped while people watched. She did not wake up during the sexual assault.

Territorial victim services staff were in contact with the woman, but she did not provide a victim impact statement.

Cozens interjected that this case did not hinge on her testimony.

Battin said Charlie’s age is an aggravating factor. Charlie has a criminal record that dates back to 1972, Battin noted.

There are breaks and pauses in the record, but it continues to the present. It’s comprised mostly of property or driving-related offences.

The Crown pointed out that Charlie did not have substance abuse problems around him growing up. His father was a harsh disciplinarian, and he was close to his mother, who died in 2018. This hit him hard.

The offender had another death in the family afterward.

Charlie was sent to three residential schools in his life, and was returned to Old Crow after school was over.

When he found himself adjusted to being home, he was taken back to school. He found his time in residential school lonely, court was told.

Battin pointed out that Charlie now has an apartment in the same building as his sister. He is reconnecting with his siblings.

Charlie has gone for treatment for his alcoholism and has more sessions booked. He had been drinking vodka during the entire day of the sexual assault.

He believes he’d blacked out that morning.

Luke Faught, Charlie’s lawyer, argued for a six-month custodial sentence. That’s more in line with the facts of the case, as there was no intercourse, he said.

Faught’s suggestion called for two months’ house arrest and a four-month curfew. He wanted it to be from 10 p.m. to 6 a.m.

Given a chance to speak, Charlie said he regrets what happened, and takes responsibility. He wants to personally apologize to the woman.

Cozens said Charlie could write her a letter and send it to victim services staff, who could determine when to give it to her.

Cozens took a break from court before rendering his decision.

After court reconvened, he pointed out that Charlie claimed he had been sexually assaulted when he was younger. No details were read out about this.

Charlie has also suffered concussions in his life, and has memory problems.

“It’s never too late to address those issues,” Cozens said.

He said the woman thought she would be safe when she went to sleep that night, and had no idea she was not. The judge felt Charlie’s remorse is genuine, but that said, the offender still caused harm.

He felt the seven-month conditional sentence and 12-month probation would be more appropriate. Three months would be house arrest and the remaining four would be under a curfew from 9:30 p.m. to 6 a.m.

He pointed out that Charlie realizes he hurt a friend and does not want to do something like this again.

“I believe he does not want to be put in this situation again,” Cozens said.

He gave Charlie credit that he proactively went to get help on his own volition after the offence.

He imposed a DNA order and Charlie’s 10-year presence on the sex offender registry.