An Inuvik man convicted of sexually and physically assaulting his former common-law partner received a five-year prison sentence in NWT Supreme Court Monday.
The 40-year-old man, who isn’t being named to protect the identity of the victim, was convicted by a jury in June. The jury found the man guilty on two counts of sexual assault, one count of assault and one count of uttering threats.
The jury found the man had sexually assaulted the woman on two occasions, once in 2012 when the two were in a casual relationship, and again two years later, when the pair were in a common-law union, living together in Yellowknife.
He was also convicted of assaulting and threatening his former partner during a 2016 incident in a northern community.
In handing down her sentence - which struck a medium between the Crown’s six-year recommendation and the defence’s four-year request - Justice Shannon Smallwood said she considered the offender’s background and circumstances.
During sentencing submissions last week, the court heard the man’s childhood was marked by abuse and neglect, and that he suffered within the residential school system.
“A childhood no child should have to endure,” said Smallwood, adding the offender’s background “resonated” with her.
Smallwood also addressed a pair of victim impact statements made by the victim. The most recent statement, read in court last week, indicated the woman no longer wanted her former partner to be incarcerated.
Smallwood said these views from victims are sometimes expressed, but stressed domestic violence and abuse is a “complicated.” She said the passage of time, combined with rationalization and continued feelings of love, can contribute to those sentiments.
Smallwood revisited the man’s criminal record, which mostly contains entries from his youth.
Last week, the man’s lawyer, Charles Davison, pointed out his client’s first conviction as a youth - for a property offence - resulted in him going to jail.
“That’s almost unthinkable now,” said Davison last Wednesday.
“Now we’d use probation,” said Davison. “We have to shake our heads years later and ask ourselves how we could expect anything else,” he added, referring to the chain of events that have brought his client before the courts.
On Monday, Smallwood noted the man was incarcerated at the age of 12 for his first conviction.
“It’s striking because that is no longer what happens,” said Smallwood.
But Smallwood said a sentence needed to reflect the seriousness of the man’s crimes. She cited the prevalence of domestic violence in the territory and noted the “extremely high rate,” of spousal abuse.
The man, who chose not to address Smallwood during sentencing, turned to a handful of supporters who embraced him before he was led away into custody.
The man has been in custody since being found guilty in mid-June. With credit for time served, he’ll spend four years and six and a half months behind bars. The man must submit a sample of his DNA, register as a sex offender and he cannot possess firearms for the 10 years after his release.