Whitehorse Daily Star

Image title

Photo by Whitehorse Star

HEINOUS CRIME – Judge Donald Luther sentenced Abraham Vanbibber for what he called an "heinous" crime on Wednesday in Yukon Territorial Court.

‘I’m going to take my power and my life back’

Do this again and you could spend the rest of your life in a federal penitentiary, a judge told a three-time convicted rapist on Wednesday.

By Pierre Chauvin on March 17, 2016

Do this again and you could spend the rest of your life in a federal penitentiary, a judge told a three-time convicted rapist on Wednesday.

Territorial judge Donald Luther sentenced Abraham Daniel Vanbibber to 46 months in jail for sexually assaulting two young women, 16 and 20 at the time, in June 2014.

“You’ve shown yourself to be a vile man, who, for his own gratification, imposed a life sentence of hurt feelings on (two) young women,” Luther said.

A publication ban prohibits publishing any details that could identify the victims.

Vanbibber pleaded guilty in March 2015 to two counts of sexual assault.

An agreed statement of facts signed by the Crown, Vanbibber and his lawyer was filed to the court.

On June 6, 2014, the 20-year-old victim and her boyfriend were at a party with the 16-year-old victim and Vanbibber.

All of them were drinking.

Vanbibber made sexual advances to the 16-year-old, which she turned down.

When informed she was 16, Vanbibber told her, “the younger the better,” the agreed statement of facts reads.

At some point on the morning of June 7, Vanbibber was alone in his trailer with the 16-year-old, who had passed out.

She awoke during the day, her pants down, Vanbibber holding her wrists behind her back, his pants also down.

Vanbiber quickly left the trailer when she asked him what he was doing.

“The offender had violent, non-consensual sex anally and vaginally,” the judge said.

Later that day, the 20-year-old victim was waiting for her boyfriend in Vanbibber’s trailer when she passed out.

When she awakened, Vanbibber was placing her hands on his penis.

A friend intervened upon hearing her scream when Vanbibber tried to force himself on her.

The agreed statement of facts laid out results of DNA evidence that confirmed the two sexual assaults.

The judge didn’t buy Vanbibber’s claim that he doesn’t remember the crimes because he was intoxicated.

He will have to explain to his two daughters why he will spend the next two years of his life in jail, the judge added.

The offender has a supportive mother who wrote a letter to the court, the judge noted.

“To say the crime had a serious impact on the victims is a gross understatement,” Luther said.

Both young women filed victim impact statements describing the consequences the assaults have had on their lives.

Luther read parts of them.

“I’m worried the emotional trauma will affect me for years to come,” the 20-year-old wrote.

The 16-year-old related how the assault affected her and her family.

The assault also had an impact on the health of the 16-year-old’s mother.

But she is not going to let Vanbibber win, she wrote.

“He (already) took so much from me,” she wrote.

“Abraham Vanbibber is a loser; I’m going to take my power and my life back.”

The 46-year-old man was first convicted of sexual assault in 2008 and sentenced to 16 months in jail.

Crown prosecutor Jennifer Grandy and defence lawyer Malcolm Campbell put forward a joint submission for the sentence during a sentencing hearing on Monday.

Had the case gone to trial, the Crown would have sought a five- to seven-year sentence, Grandy told the court.

The guilty plea spared the victims having to testify, she noted, which is a mitigating factor.

Luther accepted the joint submission Wednesday.

He noted that even though he would have imposed a longer term, the sentence isn’t unfit, nor does it bring the administration of justice into disrepute.

While Vanbibber is a First Nations man, Luther noted that had no impact in this case, as he hadn’t gone through the “typical turmoil second-generation residential school survivors experience.”

Vanbibber had been employed for most of his life and was capable of “lucrative, productive work,” the judge noted.

With the credit he received for the time he has already spent in custody, Vanbibber has to spend another 23 months at the Whitehorse Correctional Centre.

Luther also imposed a three-year probation term on the offender. He will be prohibited from contacting the victims during that time.

Vanbibber will also have to pay a $400 victim fine surcharge.

Comments (12)

Up 0 Down 0

Rhonda on Aug 12, 2018 at 10:51 am

The victims should sue the predator. Then he will think twice and focus on restitution once he's out. $400 is like a slap on the wrist.

Up 26 Down 4

June Jackson on Mar 20, 2016 at 4:07 pm

It is not just here, justice is a travesty in the entire country. It should be about public safety and victims rights, but it isn't.. justice in Canada is aimed solely at the criminal, the criminal rights trump everything the crown could throw at it.

Up 9 Down 16

Josey Wales on Mar 20, 2016 at 1:30 pm

Hey disgusted...indeed. Whilst apparently not a "Gladue" elite, his ability to exercise his craft comes as a direct result of...racism of lower expectations.
Shameful really but P.E.T. and his team (currently in "charge") really advocated for this social engineering.
DL and anyone whom enabled him IMHO...is a absolute POS...that need be flushed.

Up 8 Down 15

Josey Wales on Mar 19, 2016 at 4:02 pm

I encourage everyone if they see this dude up to his ol' tricks, or others as this piece.
Help the victim as is "a" moral responsibility, perform a citizen's arrest.
However these are dangerous times and such a feat whilst heavily discouraged by all in "justice"...completely legal.
One might assume a resisted arrest, oh gawd then what?
Just as the yellow stripes do, preserve your life at ANY and all costs, make sure you scream "stop resisting" over and over again makes for great optics.
Remember no hands allowed in pockets or any objection to your "demands" or a lethal chain of events may get laid as seems to be the rights of arresting officers.
Take a few acting classes before court though, as it seems to work for the state actors.
Another beyond laughable "conviction", yup you guessed it.
We are on our own out here, please act accordingly.

Up 54 Down 5

DIsgusted on Mar 18, 2016 at 3:14 pm

I've heard stories about this guy and while it's public knowledge now that he's been convicted of three rapes, a woman just has to wonder how many has he gotten away with? ALL the stories I've heard include sexual offence type things - over and over and over again. This sentence is a joke. This guy is going to do it again and again. I think this sentence brings the administration of justice into disrepute. It's a JOKE and it is just so wrong for those poor women.

Up 56 Down 4

Annoyed on Mar 17, 2016 at 10:33 pm

Are you kidding me?? 2 years, what a bloody joke!

And the judge referring the offences as "a lifetime of hurt feelings" is beyond laughable. Did the judge even listen to the victims? It's a wee bit more than "hurt feelings" - this is typical though, sex offenders get off easy ALL the time!

The fact that this is a fair sentence for a 3-time sex offender just proves how ridiculous and lenient our justice system is. In two years this jackass will do it again, GUARANTEED! Maybe next time though he'll kill his victim just to be on the safe side.

Up 45 Down 4

paul on Mar 17, 2016 at 8:58 pm

Again a joint request for sentence. When will this government give some direction to their lawyers?

Up 45 Down 4

Rod on Mar 17, 2016 at 5:50 pm

46 months and a $400 fine! What a joke.
I hope the boys in jail show this clown how it is!

Up 37 Down 4

Dr. Dave on Mar 17, 2016 at 5:39 pm

Interesting how the 46 months squares with his being able to do the rest of his sentence in Whitehorse instead of in a federal institution where he would be able to get some real help.

Up 35 Down 4

Arn Anderson on Mar 17, 2016 at 4:57 pm

Has to be a better way. Tough on crime failed big time as people still commit the crime. Rapists and child molesters continue to do what they do regardless of tough justice by other inmates. Rehabilitation is not working in most cases. Plainly has to be other avenues to explore, but $400, wow, quit smoking for a month and you can pay that no problem.

Up 160 Down 9

Anon on Mar 17, 2016 at 2:57 pm

46 months is laughable, once again our justice system has failed us.

Up 237 Down 7

Yukoner on Mar 17, 2016 at 2:49 pm

"Do this again and you could spend the rest of your life in a federal penitentiary, a judge told a three-time convicted rapist on Wednesday."
So 4 is the magic number because actual punishment is administered.. what a joke.

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.