'Not simply a clumsy seduction.'

Man convicted for sexual assault of teen relative

By NUNATSIAQ NEWS

An Iqaluit man who sexually assaulted a teenaged relative outside a school in September, 2007 was convicted in the Nunavut Court of Justice this past week.

"This was not simply a clumsy seduction," Justice Robert Kilpatrick wrote in a 15-page decision issued this past Tuesday.

"This was not just a social impropriety. This was an intrusive violation of the complainant's physical and sexual integrity. This was a crime in every sense of the word."

But the man was found not guilty on another sexual assault charge dating back to 2005 in an unnamed Nunavut community.

Because more than two years passed between the alleged 2005 incident and the first time the complainant told anyone, Kilpatrick ruled there was reasonable doubt whether a sexual encounter between the two was consensual.

The 2007 incident occurred when the accused ran into the victim, then 17, by chance. He had been drinking and asked the woman to come to a store with him.

On the way back, the man, who was drunk and carrying a bottle of vodka, pulled the woman into a secluded area and urged her to drink some vodka.

According to the complainant's testimony, the man then pulled down her pants and sexually assaulted her.

He was already wearing a condom when he assaulted her outside an Iqaluit school, the complainant testified. The accused testified he put the condom on immediately before sex.

Kilpatrick wrote the victim's testimony did not change between the time she reported the assault and trial. He concluded the victim's mistake regarding the condom "was an innocent one."

In his testimony, the accused said the sex act was consensual and he stopped having sex when the victim asked him to. The two "freaked out" because it was inappropriate for friends and relatives to have sex, the man testified.

But Kilpatrick wrote "it is preposterous" that the victim would consent to sex outdoors in Nunavut on a September afternoon, when the accused was drunk and she was sober.

The first incident came to light in the wake of the second, a 2007 sexual assault outside an Iqaluit school.

Court documents say the victim waited a week to report the assault to her parents because they had been binge drinking in the wake of a death in the family.

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