Man sentenced for two sexual assaults
A Watson Lake man was sentenced to 38 months in custody and three years' probation Friday afternoon for two sexual assaults, one involving a young teenaged girl.
A Watson Lake man was sentenced to 38 months in custody and three years' probation Friday afternoon for two sexual assaults, one involving a young teenaged girl.
Kenneth Stewart, 33, will serve five more months at the Whitehorse Correctional Centre, after receiving 33 months' credit for time he's already spent behind bars.
Stewart pleaded guilty to both counts of sexual assault.
Crown prosecutor Terri Nguyen was seeking a four-year sentence, two years for each assault, and two to three years' probation.
However, she submitted that the defence's recommended sentence was not unreasonable.
Malcolm Campbell suggested time served with two years' probation was appropriate.
Both the Crown and the defence agreed probation should include alcohol and sexual offender treatment programs.
Justice Ron Veale included both requirements in Stewart's sentencing.
Veale said Stewart has not accepted responsibility nor fully grasped the impact of the assaults on the two victims.
Stewart assaulted the first victim, a 19-year-old woman, in the early-morning hours of Aug. 21, 2010.
The victim had been drinking and remembers asking Stewart to walk her home. She blacked out and woke up with Stewart on top of her.
A sexual assault kit was performed on her but there wasn't enough DNA to identify the suspect.
Stewart was arrested and released that day under court order.
The second assault occurred on Nov. 17, 2010.
Stewart and the younger victim were seen making out at a party. Stewart was then told the victim was underage, and to leave.
The two left together and went to a local convenience store. The victim blacked out and awoke in a bathroom with Stewart, who instructed her not to tell anyone what had happened.
Veale also said Stewart does not seem to fully understand the effects of his drinking.
The justice said the facilitator of the substance abuse program at WCC said Stewart has said he enjoys his drinking too much to stop.
Stewart also indicated that while he agrees he has a drinking problem, he believes it only causes problems for him, not those around him.
Another of Veale's concerns stemmed from Stewart's apparent lack of respect for women.
In the pre-sentence report, Stewart reportedly said he wanted to stop drinking because women are evil and you can't trust them.
Only one victim impact statement was submitted to the court. In it, the victim expressed how deeply she has been affected by the assault, noting that it has affected her schooling and all of her relationships.
She said she is sad and depressed and hates that she has to learn to live with what he did to her.
Stewart's sentencing was originally scheduled for July, but was postponed until this month so a Gladue report could be prepared.
A Gladue report is a pre-sentence report that includes information about an accused's aboriginal heritage and upbringing. Stewart is part of the Liard First Nation.
While a full Gladue report could not be obtained for this case, a pre-sentence report containing Gladue information was prepared.
Veale was satisfied with the information included.
He noted that he considers a Gladue report necessary, and that the Yukon government should work to address its limited capacity to produce them immediately.
Last Thursday, Stewart indicated he would like to move to Vancouver, where he could live with an aunt and search out employment there.
Under Veale's probation order, Stewart will only be able to leave the Yukon with the expressed permission of his probation officer or the court.
Stewart will have to provide a DNA sample and will be a registered sex offender for 10 years.
Comments (5)
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CC on Sep 20, 2012 at 2:55 pm
Just a thought here....where is the Gladeau case for the victims? They are going to have to deal with this for the rest of their lives....in a few short months he can put the whole ordeal behind him and start to prowl around for his next innocent victim. Yes our community leaders have to start holding these individuals accountable at some point and show that it will no longer be tolerated! Come on guys it is really a thrill to take a woman who is not enjoying it when she is intoxicated?....really??? if you answer yes ...you are sick, really sick...seek some help before you target your next victim....women at least you have a name of this jerk for future references...don't drink when he is around
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Michael Tillmann on Sep 18, 2012 at 9:41 am
I've never approved of a person getting extra credit for time served in jail prior to their trial. The law was amended a few years back with an eye of getting rid of this but it hasn't really solved the problem entirely.
They used to give 2 for 1 credit for pre-trial imprisonment. So, for every 1 days you served in jail prior to your trial, it got counted as 2. Then the government changed the law and said you shouldn't get extra credit for pre-trial detention except in 'exceptional circumstances'... however, it seems that the courts seem to think that 'exceptional' means 'ordinary' because they still are giving it out pretty often.
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Chilkootwoman on Sep 18, 2012 at 8:59 am
I can't believe how much disfunction are in some of our small communities. So gross and this guy has no remorse for what he has done. Our smaller communities are turning into a breeding ground for rapists and perverts consumed my alcohol. All of the children affected my Fetal Alcohol Syndrome has now grow up. Where are the parents and care givers for these young girls drunk out of their minds and blacking out??? This guy states the only reason the wants to quit drinking is because "Women are evil and not to be trusted" Why are men in these communities raised with no lack of respect to women??
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and... on Sep 18, 2012 at 6:18 am
to add to June's comment ... not sure why there was not a stronger charge in this case. He will be out in 5 months. What a message to our young women.
I also have to say it - where the heck are the parents/caregivers/friends/aunties... somebody?
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June Jackson on Sep 17, 2012 at 8:45 am
Jeez.. what the #ell is wrong with you guys? This one got caught.. but how many men out there take a woman when she is drunk or high and convince themselves that that isn't rape because she didn't say 'no'. The fact that she was unconscious or so incapacitated is a really big NO.. but some of you guys think its an invitation.
This jerk isn't even going to a big prison but gets to stay in the Yukon.
A crime is a crime, and I don't think the color of your skin, or who your mother slept with should be a consideration. If you are guilty..you are guilty.