A Behchoko man convicted of sexually assaulting a sleeping victim in her early teens while out on bail for another sexual assault will learn his fate at a sentencing hearing Friday.
Forty-two-year-old Peter John Lafferty, who previously pleaded guilty to two counts of sexual assault, hung his head with his gaze fixed to the floor during a facts and sentencing hearing in NWT Supreme Court Tuesday.
In an agreed statement of facts read in court, the Crown detailed two major sexual assaults committed by Lafferty within the span of a month.
In early October of 2016, the court heard, a woman was drinking heavily at Lafferty’s residence with friends before passing out. A friend, who tried to wake the woman up but couldn’t, left Lafferty’s house and called RCMP –concerned that her friend was intoxicated and alone with the defendant.
With no answer from Lafferty, responding Mounties kicked down his door. Lafferty was found passed out inside, with the highly intoxicated woman, who was awoken by paramedics, nearby.
Two condoms found inside the residence – sent for testing along with Lafferty and the victim’s clothes – contained DNA that matched that of the defendant and the victim.
Lafferty was arrested, but was soon released on an undertaking. Just three weeks later, he committed another sexual assault on a passed out victim – this time a girl in her early teens.
After a night of drinking at the offender’s home on Oct. 22, 2016, the girl awoke to Lafferty having sex with her.
DNA analysis of a condom found inside the residence yielded matches for Lafferty and the victim. Lafferty was taken into custody later that day – where he’s remained since.
“He took advantage of an opportunity that presented itself on two occasions, the second while he was released on an undertaking,” said Crown prosecutor Jeannie Scott.
“Sentencing needs to send a message to Lafferty that this conduct is intolerable,” added Scott, who lamented the prevalence of “widespread” sexual assault on sleeping victims in the territory.
Citing the seriousness of the sexual assaults, coupled with Lafferty’s criminal record - which includes a 1999 conviction for sexually assaulting a sleeping woman – the Crown recommended a global sentence of 4 years and 9 months.
In a joint submission with the Crown, Lafferty's lawyer Jay Bran asked for the same sentence to be imposed.
Scott said the Lafferty’s “many” Gladue factors – including a childhood plagued by abuse and alcoholism – and his pleading guilty should also be considered. She added Lafferty has expressed the desire to personally apologize to his victims.
“What I did was stupid,” Lafferty told Justice Louise Charbonneau Tuesday, adding he was drinking a lot at the time of the assaults to cope with grief.
Lafferty, who was intoxicated during the assaults, has little memory of committing the crimes.
“I drink to numb my situation. I want to change my life,” said Lafferty.
If Lafferty receives the recommended 4 year, 9 month sentence, he’ll have 25 months – just over two years – left to serve. Charbonneau is expected to hand down her sentencing decision Friday morning.