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Woman’s assailant jailed 27 months

A man who was convicted of breaking into a Carcross woman’s residence and sexually assaulting her was sentenced to 27 months’ jail time in the territory and a two-year probation to follow.

By Gord Fortin on December 17, 2018

A man who was convicted of breaking into a Carcross woman’s residence and sexually assaulting her was sentenced to 27 months’ jail time in the territory and a two-year probation to follow.

Territorial Judge Michael Cozens sentenced Melvin Joseph Harper on Friday. The judge rendered his decision orally and will be issuing written reasons at a later date.

Harper, who maintains he is innocent, wanted the quick decision because he intends to launch an appeal as soon as possible.

This sentence comes three days after the sentencing hearing began last Tuesday.

Crown prosecutor Ludovic Gouaillier started his submissions by inviting the complainant to read her victim impact statement.

She said the sexual assault has had a great effect on her.

“This is a mental scar that will most likely never go away,” she said.

She reported having nightmares after the Dec. 6, 2016 incident.

She was prescribed anti-depressants because she wanted to die and felt scared and violated. She reported losing weight after the sexual assault.

She did not tell many people what happened, she said, as she felt ashamed to show her face in the community.

The complainant would spend two weeks at her mother’s house because she did not want to stay at her residence.

“That house makes me feel gross,” she said.

She explained that she loved living in Carcross but now she does not want to return, as the incident keeps playing over and over again in her mind.

The complainant also took time off work through a medical leave, during which she consulted with both doctors and counsellors.

Eventually, she had to return to work due to financial reasons. She said she had a good job with a great salary, but the workplace was uncomfortable because Harper’s then-common-law spouse worked with her.

She said it was uncomfortable having to see the ex-spouse everyday. This was made worse because Harper would come visit her whenever he wanted, meaning the complainant would end up seeing him.

These feelings would eventually lead her to check herself into a hospital for psychiatric help. She provided no details about where she went and reported being afraid that she would hurt herself.

Once she left the hospital, she turned to alcohol. The substance changed many of her relationships with various family and loved ones, she said, noting she pushed everyone away from her.

She said she does not understand how Harper can go around and act like nothing had happened. She felt a sense of relief when he was arrested, but that was quashed when she learned he had pleaded not guilty.

The complainant wrapped up her statement by saying she is still on anti-depressants and does not know when she will be able to stop taking them. She added she worries about the safety of all women now.

Gouaillier next made his submissions, but acknowledged that it would be hard to make arguments that could be more effective than the complainant’s statement.

He argued for Harper to spend four to six years in prison, with several mandatory orders. This includes Harper providing a DNA sample for a national database, spending 10 years on the sex offender registry and a 10-year firearm ban.

The Crown said this sentence is appropriate given the circumstances.

He explained the sentence must comply with the principles of denunciation and deterrence, and felt Harper should be separated from society.

Gouaillier said the fact that there was a break and enter changes the sentencing, as when someone is in their own home they lower their guard. The average person does not expect to be attacked in their residence, he pointed out.

He added the fact that the sexual assault was committed against someone who was sleeping further aggravates the situation. He said this is too common in the territory; thus a deterring sentence is needed.

The Crown pointed out Harper does have a criminal record (with no related offences).

He explained that a guilty plea, taking responsibility and showing remorse could have helped justify a lighter sentence, but Harper has not done any of this.

He argued this shows a lack of mitigating factors in this case. That said, these factors still exist.

The Crown further argued that Harper’s refusal to take responsibility demonstrates a lack of empathy for the effect his actions had on the complainant.

Cozens interjected, saying he did not expect Harper to be remorseful when he maintains his innocence.

“I’m very cautious,” Cozens said.

Gouaillier argued that Harper cannot use the claim to shield himself. He explained Harper received a fair trial, and the court cannot presume the case law was wrong.

Cozens pointed out that Harper does suffer from alcohol addiction and is taking responsibility for that.

Gouaillier agreed, and said Gladue factors need to be taking into account but this is not enough to justify automatically discounting the sentence.

He next addressed the few mitigating circumstances. He said Harper is a family man who is close with his kids, his criminal record is unrelated to the present conviction, and the violence did not go beyond what you would expect in a sexual assault. That said, the Crown felt the assault was still a violent act.

Vincent Larochelle, Harper’s lawyer, questioned the relevance of the break and enter. He said there was no indication Harper had wanted to return to the complainant’s residence after drinking with her earlier, and added there was no plan concocted for the sexual assault.

Cozens said all the court knows is Harper returned to the residence uninvited. That said, he took Larochelle’s point.

Larochelle argued that the court is in a tough spot as it needs to determine what it does with Gladue factors when the defendant maintains innocence.

He next moved to address the court-accepted facts of the sexual assault. Larochelle said there are additional mitigating factors, as Harper is reported to have stopped his actions when the complainant demanded him to.

He added Harper did not overcome any resistance.

He agreed with the Crown’s points on Harper being a family man and added he has a history of employment.

The defence argued that Harper’s criminal record was irrelevant, as he has no record of prior violence and performed fairly well on bail.

Harper was charged with impaired driving while on bail and also missed some appointments for his pre-sentence report.

Larochelle argued Harper followed orders regardless of these issues.

He next addressed the lack of remorse. He said the system is not perfect, and there is a remote possibility the conviction was a mistake, so the court should be cautious.

Cozens said he can’t do anything about that but indicated he would not fault Harper for a lack of remorse.

“I’m not holding that against you,” Cozens said.

Larochelle argued for a sentence of 18 to 24 months’ territorial time. He felt this was more appropriate because it would enable Harper to stay close to his family, but that a probation period should follow.

When delivering his sentence days later, Cozens said he was prepared to give Harper 3 1/2 months’ credit for time already served on the 27-month sentence.

Harper’s probation will include an order that he cannot contact the complainant and will have to participate in all rehabilitation programs ordered by his probation officer. Cozens refused to impose an alcohol prohibition.

The judge also decided that Harper would not have to take any sex offender programming until his appeal is completed.

As well, Cozens approved the DNA order, a 10-year firearm ban and a 10-year sex offender registry compliance.

Comments (17)

Up 2 Down 0

Zut Alors on Dec 23, 2018 at 11:40 am

@ Mandy - Why would Melvin take responsibility for his actions when Larochelle that public defender blinds Judge Cozens with his offender-victim spell...

Larochelle prepares his target: Yes Judge... Look into my eyes judge... You’re getting sleepy Judge...
Larochelle pulls the switcheroo: Voila! Tu regard la victim de circumstance! Oui, oui Misieur Gouaillier?

Gouaillier: Ah, ah, oh oui... Je me souviens... tout le mon en parle... Eh, Judgy!
Judge Cozens: Mais oui, mais oui!

Larochelle, Gouaillier and Judge Cozens together: Laughter, “they thought there would be justice” more laughter... “Mon Dieu!” Chuckle, chuckle “Mon crayon et large...” hysteria follows...

Up 4 Down 0

William Theodore Flatulancer (W.T.F.). on Dec 22, 2018 at 8:52 pm

@ MO - The FNs will remain silent on this issue as Gladue is only a small but interrelated part of the assimilationist narrative of recompense.
The recompense narrative is huge Industry worth Billions and Billions of dollars.
If Gladue were reversed and individuals were held responsible for the consequences of their actions this would impact the entirety of the recompense narrative...

Perhaps even the ability of an FN culture to survive?

Up 4 Down 0

Bang a Gong on Dec 22, 2018 at 8:19 pm

Bang On - Josey Wales on Dec 20, 2018 at 9:04 pm.

Too often people are only interested in confirming their own beliefs and are unable to accept the challenge that others may offer.

It is an unfortunate bi-product of an Internet-based, social-media culture. It produces echo-chambers of the self-indulgent, impulse-minded, short-term, feel-good titalations of the reward/pleasure centres downregulating the ability of the frontal cortex to engage the executive functions involved in sustained and responsible thought.

Idiocracy is as Idiocracy does...

Up 5 Down 3

Groucho d'North on Dec 21, 2018 at 1:26 pm

I am pleased that more of our community are finding their tongues on these matters and making their positions clear. We hope that the politicians or their staff read our comments and some of it factors into their consideration of these issues. We can expect the political campaign drums to start pounding louder in the months to come. Make sure the person asking for your vote understands what issues you consider to be important and what improvements you would like to see in your community and country. If you don't tell them, they'll make up something else.

Up 8 Down 2

Josey Wales on Dec 20, 2018 at 9:04 pm

Hey y’all...going to break character here a second nnnnKay?
Been here participating awhile now and noticed a shift, actually a while back. The shift is, the moderators at the star have been more tolerant of often uncomfortable discussions.
As y’all could well imagine, historically moderators pissed me off.
That said, I know full well I go riiight to the edge, often far over it.
Not one media I follow allows these conversations, regardless of how effective one perceives them...they do get folks engaged and discussing.

So yes I go on and on and on some more, not to be a dick...but force folks outta their comfort zone, pull their head outta their colon and see what is right there.
In this particular article, the Star did everyone a good service by a professional edit. As my points are still made without going so so far out.
I still stand by every word I say, just some need not be said...like for real even.

We are in some serious times both local, national and international.
Serious things need be discussed, Vs. the seriously disgusting being mollycoddled.

.....G in 1618, he would have been killed. No lawyers here then and no Liberals either.

Up 8 Down 0

Rural Resident on Dec 20, 2018 at 6:42 pm

If the appeal is unsuccessful I hope the court considers a dangerous offender designation.
To not admit guilt means he is still a danger to women.

Up 12 Down 2

jean on Dec 20, 2018 at 1:29 pm

Another example of Yukon's catch-and-release just-us business.

Up 19 Down 2

Justus PO Eddickus on Dec 19, 2018 at 6:09 pm

Rape and murder
Really gonna hurt her
Enter her home
Asleep all alone
Just uninvited
My perversion delighted
Feeling excited
My senses ignited
If I get caught
I’ll worry not
I take from you
That’s what I do
Your the victim
I am too
That’s the circularity of Gladue

Up 19 Down 1

Mandy on Dec 19, 2018 at 2:41 pm

Where is the justice? Appeal? My goodness! Take Responsibility Melvin!!~!!! This is not fair. You know who you are! Because of your actions (not in Carcross) a family broke up and it wasn't even her fault!!!!! Gracious alive! I do hope and pray you get the help you need. I feel for the victim, I know exactly how she feels! Gross house? Check! Which is suppose to be your haven? Gross feelings? Check! You are no gentleman! Denial! Karma

Up 16 Down 1

Rural Resident on Dec 19, 2018 at 2:10 pm

@SJW
I often wonder if we should have community programs where residents visit and tell these offenders they have to stop the violence or leave the community.

Up 13 Down 2

Josey Wales on Dec 18, 2018 at 11:08 pm

Hey G...you got the overall theme, but not quite correct.
Just so you do...have this correct, that said employed family man in your example?
Is lacking some royal DNA, the courts only allow this behaviour in the cultural supremacists.
Your example would get the full feather pillow, not those Gladue foam chip ones. If your example is cursed with being white, maybe a wet corner of the feather pillow too.

....I expect it will get nothing more than far worse in regards to public safety...and yes in your own damn home safety too.
Clearly we are on our own, kit up and act accordingly folks...few care if you get old.
And yes, I just freely (again) expressed my opinion on the moose in the room...

Up 22 Down 1

INSANE on Dec 18, 2018 at 10:59 pm

This is insane! Where's the justice in our territory, esp. for women/children of sexual assaults? There is NONE. 27 months? ...this is a travesty. And now he will walk around in his community and do it again. Family man? I don't think so. You don't do this when you care about your partner, kids, or yourself. You do this when you're a delusional rapist.

Up 28 Down 3

Grieko on Dec 18, 2018 at 9:29 am

So just so I have this correct, if you're a “family man” and you have a “job” then basically you can enter a house, sexually assault aka “rape” a sleeping victim and only receive 27 months minus the 3.5 served? I thought this was 2018 not 1618!

Up 27 Down 4

Northern Wonder on Dec 17, 2018 at 11:00 pm

The Yukon Court System:

Your guilty!
No I’m not!
Yes you are!
No I’m not!
Yes you are!
Gladue!

Oh-Umm-Ah-Okay, discounted sentence for you, no sex offender programming and I’ll even throw in a chance to reverse the whole thing on appeal. Is that okay with you?
Forget that whole BNE With Intent to Commit thing... Really you were just uninvited.

Up 31 Down 6

My Opinion on Dec 17, 2018 at 5:54 pm

"and the violence did not go beyond what you would expect in a sexual assault."
Holly Smokes, did I just read that correctly? There is a standard that in not only condoned but expected???? Good Lord.

So, First Nations how is this Gladue thing working out for you guys? Perpetrators back in your community within months, is that what you really expect from the Justice System? If not then speak up. Enough SJW crap.

Up 25 Down 2

Unbelievable on Dec 17, 2018 at 5:37 pm

Disgusting

Up 30 Down 6

Rural Resident on Dec 17, 2018 at 5:20 pm

My judgement is a sentence of 7 years is far more appropriate.
There has to be a message that regardless of Gladue, violent behaviour is not tolerated.

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