Editor’s note: This story contains details that some readers may find disturbing.
A Tlicho man has been sentenced to 45 months in prison for the sexual assault of a young girl.
Richard Bishop’s sentencing hearing occurred on Feb. 27, and on April 4, NWT Supreme Court judge Louise Charbonneau finalized her verdict and shared the reasons for her decision.
The incident in question occurred on Aug. 16, 2021, when Bishop was 54 and the victim was eight. Bishop, a neighbour of the girl, encountered her at a Behchoko gas station. After buying her a packet of nuts and putting her bicycle in the bed of his truck, he then drove the victim to the Ko Gocho Sportsplex Centre, though Charbonneau noted that it’s not clear whether he offered to drive the girl, or if she asked for a ride.
Bishop later picked up the victim from the sportsplex. The girl believed that Bishop would “drive her home,” but instead he drove her to the nearby community of Edzo, where he parked by a playground, took off her pants and underwear and exposed himself to her. He then sexually assaulted her — though penetration is not believed to have occurred, according to the court transcript — and he kissed her on the mouth “repeatedly.” Later, he put her clothes back on, drove her back to Behchoko, and dropped her off near her home.
The victim told her mother about the incident. The mom, who had been worried and looking for her daughter, reported the incident to the police. Following contact with the RCMP, the clothes the victim had been wearing at the time were seized for forensic investigation, and Bishop’s DNA was found on her underwear, “including on the inside of the crotch.”
Bishop was charged with sexual assault and entered a guilty plea “some time ago.” His sentencing was delayed several times, in part due to last year’s wildfire evacuations.
The Crown prosecutor and defence lawyer were “far apart” in their sentencing recommendations, Charbonneau noted, and her decision was based on many factors.
One point of consideration was the impact on the victim, as well as the girl’s mother. The victim, the judge said, “now has a distrust of others she did not have before,” and “struggles to understand what happened to her.” The victim’s mother, meanwhile, deals with feelings of grief, guilt and anger, and now worries that her children aren’t safe.
On the other hand, Bishop’s background was also carefully considered.
While he’s believed to have had a healthy family life where Tlicho customs were nurtured, he was sexually abused by a teacher in grades six and seven. He also faces a number of difficulties that the judge deemed relevant to his sentencing. He cannot read or write in Tlicho or English, and has a “very limited understanding” of the latter language. He also has mobility issues due to a hip problem, has “severe hearing impairment in both ears,” in addition to a heart condition.
These factors were a large part of the defence’s calls for a shorter sentence — “two years, less a day” — which would allow Bishop to serve his prison sentence in the NWT, where he would be more likely to encounter other Tlicho speakers and have access to his family. The judge agreed that these factors could aid in Bishop’s rehabilitation, whereas he would not benefit “from any rehabilitative programming delivered in the federal correctional system.”
However, Charbonneau noted that while Bishop admitted to his crime, he could not provide “any explanation or understanding” of what caused him to assault the victim, offering only that he “went crazy.” Bishop’s friendly relationship with the victim was also referenced, as was his decision to drive her out of town, “because it suggests an element of planning.”
Having considered all of this, the judge sentenced Bishop to 45 months imprisonment, less the 57 days he spent in custody leading up to sentencing. That means he will have to serve 42.5 months, roughly three and a half years, from the date of sentencing.
It is unclear where Bishop will be sent, as the NWT Supreme Court “does not have the power to order where an offender will serve their sentence.” However, Charbonneau issued a “strong recommendation” that Bishop be allowed to serve his sentence within the territory.
“I make this recommendation because of his Indigenous heritage; his personal circumstances; his medical conditions, including his hearing impairment; and the fact that he is a unilingual Tlicho speaker,” she said.
In addition to jail time, Bishop’s sentencing includes numerous conditions. He will not be allowed to attend public parks, swimming areas, schools, daycare centres, community centres or playgrounds where people under 16 are likely to be present. He cannot be within 100 metres of the victim’s residence. He will also not be allowed to take any work or volunteer positions that will involve people under 16. Lastly, he will not be allowed to have any contact with people under 16 unless there is another sober adult present.