Lawyers call for nearly 5-year sentence for Behchoko man convicted of sexual assault

Crown and defence lawyers are recommending a nearly five-year prison sentence for a man from Behchoko, N.W.T., convicted of sexually assaulting a woman and a 13-year-old girl.

PeterJohn Lafferty, 42, was charged with sexual assault in October 2016 after an incident with a woman who was passed out. While he was released on bail, police charged him with a second count of sexual assault and one count of sexual interference after he was found raping a passed-out 13-year-old girl. He pleaded guilty to the three charges in May.

Prosecutor Jeannie Scott and Lafferty's defence lawyer Jay Bran put forth a joint submission Tuesday in the Supreme Court of the N.W.T., requesting he be sentenced to four years and nine months in prison.

With time served, Lafferty wouldlikely spend two years and two months in custody.

Woman's DNA found on Lafferty's underwear

On Oct. 1, 2016 an intoxicated woman and her friends went to Lafferty's home in Behchoko, according to an agreed statement of facts. The woman passed out on the couch and her friends could not wake her. Lafferty then asked the woman's friends to leave.

Concerned for her friend's safety, one of the women called the RCMP. Officers went to Lafferty's home and had to break down the door when he did not respond. They found the woman lying on a mattress on the floor and Lafferty sitting on the couch with hiszipper undone and a blood stain on the crotch area of his jeans.

The woman was brought to the health centre but said she didn't remember anything.

Police found the woman's DNA on Lafferty's underwear and a used condom in his pocket, according to the statement of facts. The DNA from the condom matched both Lafferty and the woman.

Lafferty was charged and released on bail.

Later that month, on Oct. 22,a group of teenagers, including a 13-year-old girl, went to Lafferty's house to drink. The girl became intoxicated and fell asleep in a bedroom in Lafferty's home. The girl told police she awoke to Lafferty having sex with her. She began to cry and her teenage friend came in the room and pushed Lafferty off the girl.

Police discovered a used condom on the floor containing both Laffertyand the girl's DNA.

Previous sexual assault conviction in 1999

This is not the first time Lafferty has been charged with sexually assaulting a woman while she was passed out. He was convicted in a similar incident in 1999.

During his sentencing hearing Tuesday, Lafferty told the court he was sorry for what he had done and that he has a problem with alcohol.

Justice Louise Charbonneau will hand down her sentencing decision on Aug.10.