Behchokǫ̀ man sentenced to 4.5 years for sexual offences

Warning: This article contains references to sexual violence against children that may be disturbing to some readers.

A man from Behchokǫ̀ has been sentenced to four and a half years in prison for sexual crimes against two underaged girls.

Nicholas Zoe, 24, pleaded guilty to two counts of sexual interference. He was sentenced in NWT Supreme Court by Chief Justice Shannon Smallwood last month.

The Crown stayed additional charges of corrupting a child, invitation to sexual touching and sexual assault.

According to the decision, Zoe admitted to having sexual intercourse multiple times with a girl who was 13 to 14 years old between March 2023 and February 2024, when he was aged 21 to 22. On at least one occasion, the girl was intoxicated to the point that she vomited.

Justice Smallwood said text messages Zoe sent to the girl were “degrading and demeaning and reveal a very disturbing attitude towards females.” She said he also “badgered her repeatedly to try and connect him with her friends, apparently to engage in sexual activity.”

Zoe further admitted to having sexual intercourse with another 13-year-old girl on one occasion in February 2024. When the girl woke up afterward, she did not immediately remember what had happened due to her level of intoxication.

A family member of the girl told the author of a pre-sentence report that she was “really sweet,” but since the incident had become more violent, frequently drank and had struggled with her emotions.

“Sexual violence against children can cause serious emotional and psychological harm that can be more harmful than physical violence and have a long-lasting effect,” Smallwood said.

“The harm from offences of sexual violence can be pronounced in children and interfere with many aspects of their lives and permanently alter the course of their life.”

In Canada, minors under the age of 16 cannot legally consent to sexual activity. Smallwood noted it is the responsibility of adults to prevent sexual activity between adults and children.

Crown, defence recommend sentences ‘far apart’

Crown prosecutor Trevor Johnson argued Zoe should be sentenced to seven years’ imprisonment while defence lawyer Michael Spratt advocated for a two-year prison term followed by a lengthy period of probation.

Smallwood noted those proposed sentences were “far apart.”

Considering all of the factors in the case, Smallwood said she was satisfied that a sentence lower than that requested by the Crown was appropriate.

But she said while a lengthy period of probation would likely benefit Zoe’s rehabilitation, a sentence of two years’ incarceration as suggested by the defence “would not recognize the seriousness of sexual violence against children.”

She sentenced Zoe to serve three years in prison for the charge connected to the first victim, followed by a sentence of a year and a half for the second charge.

“Determining an appropriate sentence is not a mathematical or formulaic calculation,” Smallwood said.

“The gravity of the offence, the circumstances of the case, the offender’s degree of responsibility and the offender’s personal circumstances must all be taken into account in order to determine the appropriate sentence.”

Factors the judge considered included that Zoe is a young, Indigenous first-time offender.

She also considered the messages Zoe sent to one of the victims, that the victims were intoxicated during at least some of the assaults, and that Zoe had transmitted chlamydia to both victims.

While he took responsibility for his offences and expressed remorse, the author of the pre-sentence report found Zoe has “limited insight into the factors contributing to his offending behaviour.”

Smallwood said that was concerning and suggested Zoe is “at some risk of engaging in similar activities in the future.”

“He will likely require sexual offender programming while in custody to assist him in gaining insight into these offences,” she said.

Once released from prison, Zoe will be prohibited from possessing firearms for 10 years and be registered as a sex offender for 20 years.

He will also be prohibited from having contact with anyone under the age of 16 unless in the presence of a sober adult.