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Sexual assault

Northern Saskatchewan man sentenced for violent “sleep attack”

Apr 12, 2019 | 6:23 PM

The statistics are alarming – Saskatchewan has the second-highest rate of sexual assaults in Canada – one third of which are crimes against Aboriginal women. Sexual assaults in northern Saskatchewan “are all too common.”

Those were some of the comments included in a court case involving a 43-year-old La Ronge man who sexually assaulted a woman in 2016 while she was asleep. It was the second such “sleep attack” by Moses Jacob Charles – he was sentenced to three years in jail for a similar assault some 20 years ago – also on a sleeping victim.

Charles was sentenced at Prince Albert Court of Queen’s Bench Friday to 66 months, or more than five years in jail for the 2016 assault. He received 114 days’ credit for time served in custody while his case made its way through the courts.

Charles had been found guilty of the charge following a jury trial earlier this year.

Prosecutor Ruth Fafard argued Charles deserved a lengthy jail term for the assault, which left his victim afraid and traumatized. Fafard said the fact the victim is an Aboriginal woman should also be taken into account and said the fact she was sleeping is also concerning

“It does show a very marginalized victim group that Mr. Charles has done not one sexual assault, but two,” she said in court.

The victim in the case, a woman in her 20s, said in a victim impact statement that she turned to alcohol to cope after the assault. Queen’s Bench Justice Gary Meschishnick also ordered Charles to pay the $3,300, at a rate of $100 per month, to reimburse the victim for her financial losses due to alcohol abuse stemming from the assault.

Meschishnick noted in his written decision in the case that the victim had suffered emotional, physical and economic impacts. He noted Charles’ background includes alcohol abuse by family members, violence and abuse within the residential school he attended, but said those factors do not bear significantly in the case, adding that Charles has been able to hold down a job and maintain relationships with other women over the years.

“In light of the gross violation of the victim’s sexual integrity and the trauma she has experienced the need for denunciation is high,” Meschishnick wrote.

Charles’ Defence Lawyer Jock Kriegler said Charles is hoping to get help and treatment during his time in jail.

“It’s a very difficult and tough situation, but he’s handling it as best he can and looking to move forward,” Kriegler added.

Meschishnick also ordered Charles to submit a DNA sample to the national registry and is banned from possessing firearms for the rest of his life. Charles must serve at least half of his sentence before he can be released and will be listed as a sex offender for the rest of his life.

Charlene.tebbutt@jpbg.ca

On Twitter: @CharleneTebbutt

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