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Guilty verdict for sexual assault on sleeping woman

Cara Loverock
Northern News Services
Published Monday, April 21, 2008

YELLOWKNIFE - It took a jury only a matter of hours to reach a decision following the trial of a two-year-old sexual assault case.

Chris Desjarlais, 30, was found guilty Thursday of sexually assaulting a woman while she slept in her bed next to her boyfriend.

Before sentencing was handed down by Judge Leigh Gower, defence attorney Kelly Payne appealed for leniency. She asked that no more than three years be given for the offence.

"You're sentencing him for an offence that occurred two years ago. He is no longer that man," said Payne.

Desjarlais relocated to his hometown of Lutsel K'e shortly after the sexual assault took place. Payne said Desjarlais has made efforts to improve his life by moving from Yellowknife to avoid the crack-cocaine scene because of his struggle with the drug, and is expecting a child with his girlfriend.

"He's no stranger to the legal system," said Gower, citing Desjarlais' past criminal history.

Despite the fact he has never served jail time as an adult, Desjarlais was convicted of break-and-enter and theft in 1997 and had a previous sexual assault conviction from 1995, when he was a youth.

"The impact upon this victim has been severe," said Gower, who described the offence as a "crime of opportunity."

"I recognize he is an unsophisticated aboriginal male," said Gower, who added the fact Desjarlais is aboriginal has nothing to do with the offence.

Desjarlais was given three-and-a-half years in prison, but will have a recommendation he serve his time in Yellowknife's North Slave Correctional Centre, as opposed to federal prison in Edmonton. Desjarlais will be listed on the national sex offender registry for 20 years as well as submit to a DNA order.

He is also banned from possessing firearms for 10 years, but may get a licence for hunting or employment purposes.

Crown prosecutor Janice Walsh requested a sentence of three-and-a-half to four years. After sentencing she said the outcome was reasonable considering the circumstances of the crime.

"I think it was an extremely fair sentence. Especially given the aggravating factors," said Walsh.

The offence took place in Yellowknife's Ptarmigan Apartments on March 26, 2006. Desjarlais had been sleeping on the floor of the apartment after showing up at the victim's door the previous evening. He was known to the woman and convinced her to allow him to stay the night since he had no home in the city and had been staying at the Salvation Army shelter.

The woman said she awoke to find Desjarlais on top of her and sexually assaulting her while her boyfriend slept beside her.