Sentence for N.W.T. sexual assault offender may not help rehabilitation, says judge

A 30 month jail term for a man convicted of sexual assault might not allow him to rehabilitate in a meaningful way, says a Northwest Territories judge who handed down the sentence.

After credit for time served, Frankie Eyakfwo has nine months left on his sentence, according to a court transcript from Dec. 18, 2018.

The 29-year-old pleaded guilty to a sexual assault on Oct. 7, 2015 after an incident in Fort Smith. A woman fell asleep after drinking and woke up with her pants undone and lowered a bit. Eyakfwo was standing in the room.

The woman went to the health centre for a sexual assault examination, and Eyakfwo's DNA was found on her.

At the time of the incident, Eyakfwo was on probation for a 2014 assault conviction.

In her sentencing last month, the judge noted Eyakfwo's troubled upbringing and history in the justice system.

"I am somewhat at a loss at how to adequately describe Mr. Eyakfwo's background, but it is a troubling one," said N.W.T. Supreme Court Justice Shannon Smallwood, according to the court transcript.

She references the "presence of violence in the household, the presence of alcohol abuse, the sexual abuse inflicted on Mr. Eyakfwo, and the exposure to inappropriate sexual materials and sexual activities."

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In the transcript, Smallwood notes that Eyakfwo is an Indigenous offender. She says she accounted for Gladue and Ipeelee factors when making her decision.

Gladue and Ipeelee factors are specific to Indigenous offenders. They recognize the effects of trauma caused by factors such as the residential school child welfare systems on the lives of Indigenous people before the courts.

Difficulty using language to expresss feelings

Additionally, Eyakfwo has "major intellectual deficiencies."

As a child, he suffered from brain atrophy as the result of an untreated illness.

Eyakfwo also shows some of the same characteristics as people with fetal alcohol spectrum disorder, though according Smallwood, "it is not known if that is a result of the brain atrophy that he suffered or from the use of alcohol by his mother during pregnancy or some combination of both."

Eyakfwo was assessed in December 2017, and it was determined that he has difficulty understanding and using language to express his feelings, ideas and emotions. He has the expressive language of a six or a seven year old.

I am concerned that the sentence I am about to impose is not sufficient.- Shannon Smallwood, Judge

As well, it isn't clear whether or not Eyakfwo understands the severity of the situation he is facing.

"It is not clear why he keeps getting charges with similar offences and/or how he is going to curtail his behaviour in the future, and that is a concern," said Smallwood.

She said one of the problems with sentencing is that "there are some programs available at NSCC [North Slave Correctional Complex], but given Mr. Eyakfwo's limitations, it is not clear that any of those programs could realistically offer him any significant benefit in terms of sex offender or violence prevention programming."

She said many of the programs require a certain level of literacy, which Eyakfwo does not have. "It is not clear based on what I have been provided that Mr. Eyakfwo would actually be effectively case managed if he were at NSCC."

When giving her decision, Smallwood said she struggled to determine an appropriate sentence. "I am concerned that the sentence I am about to impose is not sufficient to permit Mr. Eyakfwo to complete any programs designed to address his offending, at least not to take them in a meaningful way, if that is even possible."

Smallwood said she would also have to consider the safety of the public in her decision. Smallwood settled on 30 months of imprisonment, but that Eyakfwo will serve nine months after credit for time on remand.

Eyakfwo was also sentenced to 18 months probation.