Being a child stuck in an adult's body is no excuse for luring a six-year-old girl into a sexual assault, a lawyer argued Monday in territorial court.

Last September, a young girl was out taking her dog for a walk when a 25-year-old man lured her into his house and assaulted her, the court heard.

The child had stopped at a Marwell-area building and had left her bicycle and dog outside it.

When she came out of the building, a man was standing there with her dog and bike in hand. That man was David John Malcolm.

He invited the little girl to his house and she followed him because he had her dog.

Once inside, Malcolm pushed her to the floor and ordered her to take off her clothes, Crown prosecutor Sue Bogle told Judge Karen Ruddy.

The child obeyed only because Malcolm threatened her with a knife and lighter. Malcolm told her if she didn't do what he said, he would burn the house down.

Once the girl was naked, Bogle continued, Malcolm hugged her and kissed her on the lips, touching her vagina.

In the meantime, the child's mother went out to go look for her daughter after she began to wonder why the girl hadn't come home yet.

Upon searching the Marwell neighbourhood, she noticed her daughter's bike parked outside a house.

Knowing something wasn't right, she screamed her daughter's name.

The court was told the little girl heard her mother through the thin walls of the house and shouted back: 'I'm in here, Mommy! Help me!'

The mother pounded on the door, not knowing who else was inside, and shouted: 'Open the door, you son of a bitch!'

Malcolm did not comply, but eventually the mother was able to break open the door, pinning the accused behind it.

Inside, the mother saw her daughter naked on a bed, the judge was told.

The little girl grabbed her underwear up off the floor and ran toward her mother.

Once out of the house, the woman called 911.

The little girl suffered several scratches to her back, chest, arm and lip.

Before RCMP officers arrived to arrest Malcolm, he was noticed by others hiding the child's bike in the bushes.

He later apologized to police for what he had done. RCMP observed Malcolm had a 0.95 alcohol level.

The Crown prosecutor described the incident as a parent's 'close to worse nightmare.'

She noted the Yukon doesn't see too many predatory cases like this.

'This type of offence is at the high end of seriousness that is dealt with by the courts,' said Bogle. She asked the judge to sentence Malcolm to five or six years in a federal penitentiary.

'Although an accused cannot be sentenced for what might have happened, the offence was still going on when the mother broke in,' Bogle said.

She said it wasn't known what the accused's intentions were for the girl who was found on the bed.

'Children are, for the most part, completely trusting, and this is what happened,' said Bogle.

The Crown requested Malcolm be sent to the pen in Abbotsford, B.C., because it has a program to treat people with fetal alcohol syndrome (FAS) a disorder the accused likely has.

It cannot be known for sure if Malcolm has FAS because he has never been tested, the court was told. According to the Fetal Alcohol Syndrome Society of the Yukon, the territory does not have the appropriate resources to make such a diagnosis.

The court heard that if Malcolm does have FAS, it would not be surprising he would be involved in such an offence, as people like him have trouble controlling their urges and have no real sense of right or wrong.

'The warning signs were identified. There were many reports,' said defence lawyer Gord Coffin about his client's tendencies.

'Attempts were made for a period of time to help him and he was successful when in a group home. But when he turned 19, the government said: Thank you very much. Our responsibility has now ended; go behave yourself.''

Malcolm, like most with FAS, does not learn well from his past mistakes, said Coffin.

Malcolm has an IQ of 74, because of his prenatal brain trauma, said Bogle, adding that mentally, he would be closer in age to the six-year-old.

Bogle said just because Malcolm is mentally behind does not make a difference when assessing him as a threat, because he is still seen as an adult in the eyes of a child.

Coffin agreed there isn't really a program in the territory that could offer Malcolm the support he needs. Even so, he asked that Malcolm stay in the Yukon and get treatment from territorial alcohol and drug services staff.

Staying in the territory would allow Malcolm to be in touch with his family, he added.

'That connection hasn't done much good up to this point,' said Coffin, but added at least they are here.

An elderly friend of Malcolm's has been with the young man at every court appearance to support him.

When court started to wrap up Monday, Malcolm tried to go over and talk to his friend in the gallery, but a court guard pulled him back.

Malcolm responded by telling the guard to 'f--k off,' but angrily complied.

His friend said he would call Malcolm.

Coffin asked that his client get two years less a day in a pen, so he would be eligible to serve a probation order that would build on whatever he learned in jail under the supervision of a peace officer.

'Mr. Malcolm has never served a significant custodial sentence,' said Coffin, adding if he is sent to the pen, he might also learn how to become a better criminal from his jailed peers.

Bogle said the positive supports he would get in prison would outweigh any negative skills he might learn.

A probation order would allow Malcolm to see the value of taking responsibility.

Bogle agreed that Malcolm would eventually be back in the community some day, but said serving his sentence in Whitehorse would not bode well.

Malcolm has never been successful with probation orders, so Bogle said it was best that the young man be kept behind bars for as long as possible.

A psychological report noted that Malcolm had no understanding as to how he came to assault the victim, although he does remember the attack.

Malcolm, like many with FAS, has a drug and alcohol addiction, which worsens his already-poor mental state.

'He has no empathy for the victim or the family. He has more concern about what will happen to him,' said Bogle of the accused, who already has a history of assaulting young victims.

'That's a concern in regards to a risk of the public.'

The psychological report also noted that Malcolm likely suffers from regressed pedophilia, something that results when adult relationships break down.

Before this incident, Malcolm had run into troubles with his 15-year old girlfriend.

The six-year-old girl he assaulted sees her mother as saving her.

'Only time will tell how it will play out for her,' said Bogle.

In a victim impact statement, the mother says the incident has left her feeling fearful, angry and stressed all emotions that Bogle said are understandable.

'No one wants to see their child go through that,' said Bogle.

The mother was in court Monday. She could be heard sniffling as the Crown read the evidence to the judge.

During court proceedings, a religious counsellor would whisper prayers along with the mother, asking that a tattooed-Malcolm realize his wrongs.

Judge Ruddy said she needs a week to weigh all the circumstances of the case.

She will make her decision next Monday at 9:30 a.m.