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Youth who left intoxicated 12-year-old girl to die gets three-year sentence

A 17-year-old youth from Fort Liard who sexually assaulted a passed out young girl who later died from consuming alcohol he urged her to drink, has been sentenced to three years in jail minus time served.

The youth, who was 13-years-old at the time of the 2015 offence, was convicted of manslaughter after trial in July. He pleaded guilty to a related count of sexual assault causing bodily harm.

He cannot be identified under the Youth Criminal Justice Act.

On Oct. 3, 2015, the youth and his friend, who was 15-years-old at the time, met up with the victim, a 12-year-old girl, in Fort Liard. The three walked to a wooded area near the bank of the Liard River, not far from the Northern Store, where they began to drink alcohol provided by the offender.

The youth “encouraged” the girl to drink, and “continued to supply her with alcohol while she was showing the effects of gross intoxication,” stated sentencing Judge Robert Gorin on Dec. 27.

The youth sexually assaulted the girl after she lost consciousness. He told his friend, who Gorin described as an “accomplice,” to keep watch.

After the youth sexually assaulted the unconscious victim, his friend said they should go get help but the offender dismissed the suggestion. Instead, he called on his friend to sexually assault the girl, too. The friend didn't. The two boys left the girl lying near the river in temperatures that were close to freezing.

The youth's friend returned to the same spot the next morning, where he found the girl – deceased.

She died from alcohol poisoning.

The offender's friend was never charged in connection with the crime, and testified at trial.

By supplying an already heavily intoxicated victim with more alcohol, Gorin said the youth “knowingly ran the risk that she would suffer bodily harm.”

By leaving the unconscious victim “as she was,” without seeking medical assistance, Gorin said the youth's actions significantly reduced the girl's chance of survival that she “would have otherwise had.”

Gorin said victim impact statements from family and friend's of the victim illustrate “the many ways a tragedy ... and the crime that cause it, can affect family members and loved ones.”

For some, Gorin said, a once-loved season of autumn is now a recurring reminder of the victim's death.

“All of the victims continue to miss her every day,” he said.

In coming to his decision, Gorin also considered the circumstances and background of the youth as an Indigenous offender, who he said “suffered a truly horrible childhood.”

The youth, the court heard, was exposed to domestic violence by his parents – both residential school survivors – who lived with a severe alcohol addiction when he was growing up.

The youth and his siblings were repeatedly removed from their home and placed in foster care. He turned to smoking marijuana at a very young age and at 15, before being remanded into custody, he had been using crack cocaine.

The three-year sentence handed down for the youth's manslaughter and sexual assault causing bodily harm convictions is the maximum penalty he could have received, given his young age at the time of the offence.

With credit for time spent in remand custody, the youth was left with 202 days to serve behind bars. Once released, he'll spend another 101 days under supervision in the community, followed by 12 months probation.

Gorin sympathized with the youth's traumatic upbringing, which, he said, undoubtedly influenced his “appalling” actions.

'You can change' 

"I do not think you are a bad person. You experienced a lot when you grew up,” said Gorin. “You are still very young. You can change and lead a productive life.”

The youth's lawyer, Peter Harte, who has called for a coroner's inquest into the death of the young girl, told News/North, the situation warrants a closer look at what led to the “tragedy.”

“The sexual assault of a 12-year-old by a 13-year-old: where does that come from? He's learned something – just like alcohol abuse, he's learned something,” said Harte.

“How on Earth could children come up with the idea they should be doing this?,” he asked.

“It takes a community to raise a child and I don't know where Fort Liard was on this.”

Harte also noted the apparent influence of inter-generational trauma in the shadow of the residential school system.

“People ask things about residential school, like 'why don't they just get over it?' or 'why can't they move on?' But you can see with cases like this, that the impact of residential school continues to be very real and very destructive,” said Harte.

“The legacy of residential schools is literally killing people.”