Christian Papequash broke into tears in Yukon Supreme Court last Friday afternoon as he was sentenced to 14 months in jail for a sexual assault from nearly a decade ago.

Justice Leigh Gower ordered the jail term to be followed up by two years' probation.

It was only just before the trial last April that Papequash entered a guilty plea to the sexual assault charge.

The incident dates back to 1997, after Papequash and the victim had been drinking with a group of people.

The group had come back to the victim's mother's house from a day spent at Scout Lake and continued to drink there.

The woman eventually ended up going to sleep, only to wake up later to find Papequash on top of her, fully engaged in sexual intercourse. He wasn't wearing a condom at the time.

When she woke up, Papequash pushed himself off of her and left the room.

The sentence was delivered after several adjournments so Papequash could find proper housing.

As Gower pointed out in his decision though, the 30-year-old failed to show up for numerous appointments made with the Adult Resource Centre (ARC) in Whitehorse and the federal Department of Indian and Northern Affairs to look at potential housing options. When he did go to the ARC, he was turned down for housing.

Papequash's lack of diligence in finding shelter gave Gower no confidence he can abide by a conditional sentence. That would have allowed the sentence to be served in the community rather than jail, the judge said.

'With Mr. Papequash, public safety is very much a live issue,' said Gower.

In reaching his sentence, the judge pointed out that to Papequash's credit, he entered a guilty plea, though it wasn't early enough to ensure the victim avoided testifying at the preliminary hearing.

Papequash has also apologized to the victim in court. The offender has also taken steps to deal with his problems, done well in group counselling for other issues and taken that important first step in acknowledging he has a substance abuse problem.

Among the aggravating features of the case, the judge noted it was a non-consentual rape, the victim was taken advantage off while she slept, and there had been a certain amount of trust.

Papequash has also committed a number of other crimes, has no work history and has spent a good portion of time trafficking narcotics. Gower also pointed to the man's failure to attend meetings that would have helped him find proper housing.

In reviewing Papequash's personal circumstances, Gower noted the first nations man is the second-oldest of nine children. He never knew his father, but his stepfather is John Graham, who's facing extradition to the U.S. in relation to the murder of an aboriginal activist in the 1970s.

Papequash left home at 13 and has had a lot of personal trauma in his life. He has a Grade 9 education, and though attempts have been made at upgrading that, he has had a problem attending classes.

Papequash has little work history as well.

The pre-sentence report also showed Papequash had said he was the victim of a sexual assault by a well-known sex offender. Clearly, that's had an ongoing effect on his life, said Gower.

The judge noted that in sending Papequash to jail, the offender could benefit from programs like Alcoholics Anonymous and Narcotics Anonymous as well as have the opportunity to delve into other issues.

It was made clear, said Gower, that a stable home is essential for Papequash to be considered for a conditional sentence. The fact he failed to meet appointments with the parties who could help him puzzled the judge.

As Gower made his closing remarks, Papequash sat with his head on the table he sat at, crying.

Before being led away by police, he and his girlfriend embraced, both in tears.