Whitehorse Daily Star

Self-centred' offender tied up, sexually assaulted woman

A 23-year-old man will likely be sentenced to a five-year jail term followed by as many as 10 years' probation for kidnapping and sexual assault with a weapon.

By Whitehorse Star on November 8, 2007

A 23-year-old man will likely be sentenced to a five-year jail term followed by as many as 10 years' probation for kidnapping and sexual assault with a weapon.

Territorial court Judge Karen Ruddy will render her decision on Nov. 16.

Charles Stewart has been in custody at the Whitehorse Correctional Centre since Aug. 17, 2006.

Two days earlier in the Annie Lake Road-Carcross Road area, Stewart had lured a woman from the safety of her home and into a stolen vehicle, where she was tied up and sexually assaulted, Crown prosecutor John Phelps told court Wednesday.

Stewart threatened the woman with a knife. She was only able to escape by jumping from the moving vehicle.

Stewart pleaded guilty to the charges he'll be sentenced for.

Phelps and defence lawyer Nils Clark made a joint submission asking for five years' incarceration followed by an extended probationary period.

Phelps asked for the maximum probational term of 10 years while Clark said five years would be 'more than sufficient.'

Phelps read a victim impact statement aloud during the proceedings, in which the victim stated that she feels 'violated in so many ways.

'My trust for people is no longer there ... I am shocked and hurt ... I have so much hate for this guy.'

The court witnessed a lengthy interview via video conference with Dr. Shabrehram Lohrasbe, a forensic psychiatrist based in Victoria.

Lohrasbe said that while Stewart does not suffer from any type of major mental disorder, he has a 'fairly typical combination of disorders seen in prison populations.'

They include substance abuse disorder and anti-social behaviour.

Lohrasbe said Stewart is 'an extraordinarily poor candidate for any form of therapeutic treatment' given his lack of remorse and resistance to any type of imposition.

'(Stewart) is very unhappy about being incarcerated,' said Lohrasbe.

However, the offender has not experienced the 'inner-torment' nor 'soul-searching' that characterizes many inmates who have 'turned a corner' and are willing to take responsibility for their crimes.

'Stewart is self-centred and preoccupied with defending himself,' Lohrasbe added.

He said Stewart blames alcohol and the judicial system for his problems and does not accept responsibility for his actions.

'(Stewart) carries the bulk of future risk factors to commit further violence,' said Lohrasbe.

He expressed his wish that Stewart be given the longest possible probational term of 10 years.

'If I had the option of 20 years (of probation), I'd go with 20 years,' he added. Lohrasbe also recommended that the conditions of the probation be 'strict and rigidly enforced.'

Lohrasbe said Stewart requires a 'constellation' of treatment programs while in prison. These programs could include violence treatment, sex offender treatment, further education and workshops designed to improve work skills and social skills.

The violence treatment program may include potentially therapeutic activities such as role-playing, writing a letter to the victim, writing a detailed account of the offence, and exploring one's own sense of entitlement and the roots of violent behaviour, said Lohrasbe.

Stewart's criminal record includes charges of robbery, assault, and assault with a weapon. Phelps described Stewart as having a 'significant history of violence.'

The prosecutor said Stewart has a Grade 10 education and has issues with alcohol abuse:

Stewart allegedly consumed alcohol at the Whitehorse Correctional Centre, suggesting it was homemade.

Phelps also indicated that Stewart's father is imprisoned for manslaughter and that Stewart's uncles are involved in 'criminality' as well.

Phelps dismissed the possibility of restitution. Due to Stewart's limited work history, Phelps told court, the man is not in a position to make restitution to the victim.

'I don't take any issue with the joint submission based on everything I've seen and heard,' said Ruddy.

However, Ruddy requested more time to consider the length of Stewart's probation following his release from jail.

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