Warning: This report contains details of a sexual assault, as heard in court, that readers may find disturbing.
There is a “high risk for acts of sexual violence” and “consequences for a future victim could be severe,” if convicted sexual offender Gary Nartok isn’t declared a long-term offender, a Crown prosecutor says.
Nartok, a 44-year-old Yellowknife resident, was recently diagnosed as having “entrenched misogyny,” aggravated by acute alcohol dependency. He requires a lengthy prison sentence followed by intensely supervised, prolonged re-integration back into society, prosecutor Noel Sinclair told a Supreme Court judge on Monday.
That type of high-intensity multi-target programming followed by supervised release – possibly at a half-way house in a city outside of the North – is only available through the Correctional Service of Canada, Sinclair continued.
“Mr. Nartok is really on the cusp between a long-term offender and dangerous offender designation,” the prosecutor said. “[With the latter], he would be staring down an … indeterminate prison sentence. That fear can be a strong motivator that will help Mr. Nartok engage in treatment.”
Under the Criminal Code, long-term offenders can be supervised for up to 10 years by Corrections Canada. The designation is intended to protect the public from those who pose a substantial risk of reoffending violently, while reintegrating offenders into the community.
A person who is designated a dangerous offender, meanwhile, may be subject to an indeterminate prison sentence. That designation aims to protect the public from offenders that are deemed too dangerous to be released into society.
Nartok was convicted last fall of his third “significant” sexual assault — raping an unconscious intoxicated woman in a Con Road apartment in November 2019. Sinclair argued that Nartok requires a sentence of five to six years for the charge, followed by a lengthy period of supervision.
Sinclair told the court he expected Nartok’s lawyer to argue his client should receive a “threshold” penitentiary sentence, which would be roughly 4.5 years, before remand credit is applied. Nartok has amassed some 29 months of pre-trial credit behind bars.
During the sentencing hearing, details emerged that RCMP may have been able to prevent the sexual assault when first called to the scene by a concerned neighbour.
Upon arrival just after midnight on November 22, officers discovered a drunken man with blood on his face leaving the scene. As the caller had indicated the aggressor in the fight was preparing to leave the block, officers placed the injured man in their cruiser and took him to the downtown day shelter and sobering centre.
The officers were then called back to Con Road by the same neighbour who said they could hear a woman crying from inside the apartment where the fight happened.
As reported by Cabin Radio last fall, there was blood on the damaged door of the apartment and a woman, clearly in distress, could be heard inside.
Officers knocked on the locked door – which had kick marks on it – and heard a female voice telling them to come in. When nobody immediately came to the door, officers forced entry.
Bleeding from his head, Nartok was standing up from a couch and doing up his pants, with his belt still undone.
“Police officers also observed [a woman] lying on the couch. She appeared grossly intoxicated,” Sinclair said. “She was wearing clothing on her upper body – a coat and gloves – but was naked from the waist down.”
The 28-year-old woman was crying and unable to answer officers’ questions.
A 39-year-old woman was passed out on a chair in the same room. The injured man who had earlier left the apartment and encountered police had been drinking with the woman who was assaulted.
When Nartok, 42 at the time, was asked by police what was going on, he replied: “We had sex.”
Nartok was arrested and charged with sexual assault, as it was evident the intoxicated woman was in no state to give consent. The woman was taken by ambulance to Stanton Territorial Hospital.
Nartok’s lengthy criminal record includes convictions for aggravated sexual assault in 2013 and repeated offences against his domestic partner in 2017 and 2018.
Nartok told the psychologist he appreciates the importance of Alcoholics Anonymous and said “I know I will spend the rest of my life in jail if I mess up … if I get out, i know it will be my last chance,” according to prosecutor Sinclair.
Justice Shannon Smallwood has reserved decision in the case until June 30.