Sex assault sentence to be served in community
A man convicted of sexually assaulting a six-year-old girl will serve his almost two-year sentence in the community.
A man convicted of sexually assaulting a six-year-old girl will serve his almost two-year sentence in the community.
Yukon Supreme Court Judge Leigh Gower handed down the sentence to Clinton Morgan on Friday afternoon, court documents show.
Morgan had previously pleaded guilty to the charge.
The sentence will see Morgan, 45, serve a conditional sentence for two years less a day. A conditional sentence sees an offender serve his or her jail term in the community under a number of conditions.
Morgan's sentence will be followed by three years of probation. Morgan is also under a 10-year firearm ban and must pay a $100 surcharge.
Further charges of sexual interference and invitation to sexual touching were stayed.
The sentence comes a week after Gower listened to arguments from defence lawyer Keith Parkkari and Crown prosecutor Noel Sinclair.
While Sinclair pushed for a jail term of 18 to 24 months followed by three years' probation, Parkarri argued for a 14- to 18-month term to be served conditionally.
The court heard at this month's sentencing hearing the assault dates back to December 2005.
Morgan was returning home in the morning when a neighbour, the victim's stepfather, invited him in for a beer.
Already a little intoxicated, he went in and had a couple of beers with the neighbour and the neighbour's partner. The child was also there.
Eventually, Morgan offered to lend the child his DVD player and a movie, taking her to his place to pick out a DVD.
As she was looking over his movie collection, he picked her up from behind, pulled down her pants and touched her vagina, then told her to touch his crotch area.
She grabbed a movie and as she was leaving, he told her what happened was a secret between the two of them.
Her mother and stepfather arrived outside Morgan's door as she came out crying.
When her mother asked what was wrong, Morgan said there had been a scary movie on TV, though the young girl then stated they hadn't watched anything on television.
Morgan also told the stepfather that he had left a pornographic movie on TV that might have frightened the girl.
The mother later spoke to the girl in private. At that point, the girl told her what happened and the pair went to Whitehorse General Hospital, where she again told staff what happened.
No forced entry or injury was found when the six-year-old was examined.
Arrested by Whitehorse RCMP later that day, Morgan voluntarily gave police a statement saying he'd been drinking and remembered stopping by the neighbours' and later going home to get his DVD player.
The next thing he said he remembered was coming back home again and taking some back pain medication.
He told police he didn't remember anything about the assault.
In proposing the jail sentence, Sinclair pointed to the child's young age, the fact she was told to keep it a secret, the negative impact on the family and the child and the need for denouncement and deterrence of the crime. He did note Morgan's guilty plea as a mitigating factor in the crime.
Parkarri also pointed to the guilty plea in arguing for the conditional sentence.
The plea meant neither the victim nor her family was required to testify.
Morgan has been compliant with conditions placed on him throughout the process and has been going to counselling provided through the territory's alcohol and drug services branch.
Parkkari told the court his client was also willing to take whatever programming would be ordered for him.
Letters of reference from Morgan's supporters in the community were also provided to the court.
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