A Behchoko man convicted of sexually assaulting a sleeping victim in her early teens while out on bail for another sexual assault received a 4-year, nine month sentence in NWT Supreme Court.
Forty-two-year-old Peter John Lafferty, who previously pleaded guilty to two counts of sexual assault, hung his head as Justice Louise Charbonneau handed down her decision Friday, accepting a joint-submission from the Crown and Lafferty's defence.
“This is not normal. This should not be happening,” said Charbonneau, who decried the “epidemic” of sexual assaults on sleeping women and girls in NWT communities.
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 during a facts and sentencing hearing on Tuesday.
In 1999, Lafferty was convicted for sexually assaulting a sleeping woman.
“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.
Lafferty, who was intoxicated when he committed the assaults, has little memory of the crimes, but told Charbonneau Tuesday he was sorry for the “stupid” acts and that he was drinking heavily at the time to numb grief.
Handing down her decision Friday, Charbonneau said describing the crimes as “stupid,” fails to adequately capture the gravity of the offences.
Charbonneau said Lafferty committed an “awful” violation of the victims' sexual integrity.
She said women and girls in the North should be able to go to sleep without worrying about being raped.
Despite the prevalence of the “terrible cycle" of sexual assaults on sleeping victims, Charbonneau stressed communities shouldn't accept the behaviour as normal.
She added she hopes Lafferty will take advantage of programming offered to repeat sexual offenders while serving his time.
Lafferty must register as a sex offender for the rest of his life, submit a sample of his DNA and cannot possess a firearm for 10 years after his release.
With credit for time served in pre-trial custody – 22 months – Lafferty will spend a little of 2 years and nine months behind bars.