Judge rejects lengthy jail term for man who sexually assaulted teenage friend

Prosper, who is in his early 20s, assaulted the girl while she was texting her boyfriend in her bedroom on the Eskasoni First Nation in August 2015, according to the ruling.

He tried to take off her shorts and sexually assaulted her underneath her clothing.

The ruling said her boyfriend told Prosper, either by text or by phone, to leave the house.

“What took place can hardly be regarded as a victimless crime. True damage was done and we can only all hope that the continuing passage of time will provide some relief and closure,” said Chipman.

Crown attorney John MacDonald had sought a two-year jail term for what he called “a major or serious sex assault,” while defence lawyer Blair Kasouf suggested 90 days intermittently.

“It appears to have been an impulsive, immature act. There were no threats, striking, choking or sexual intercourse,” Kasouf told the judge.

Chipman said he was satisfied Prosper, who is currently unemployed and living with his uncle, took responsibility for his actions and expressed remorse.

He quoted from Prosper’s pre-sentence report that said “he has experienced the adverse effects of the toxic social environment and poor socio-economic conditions that continue to impact the lives of aboriginal people since the time of colonization.”

Prosper pleaded guilty.

Along with the jail sentence, Chipman also sentenced Prosper to 18 months probation and, among other measures, banned him from owning firearms for 10 years, except “to hunt for sustenance.”

“Given the circumstances of the crime, along with Mr. Prosper’s status … I am of the view that despite a difficult upbringing and poor socio-economic status, Mr. Prosper exhibits great potential. In these difficult circumstances, I have decided that a fit and proper sentence should not involve a lengthy period of incarceration as sought by the Crown,” Chipman said.

The Canadian Press

by Canadian Press

Judge rejects lengthy jail term for man who sexually assaulted teenage friend

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