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Elliot Lake man admits to masked sex attack on 'virtual stranger'

Judge says people of Elliot Lake 'lived in fear' after the 2015 attack
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The Sault Ste. Marie Courthouse is pictured in this file photo. Michael Purvis/SooToday

EDITOR'S NOTE: This story contains descriptions of sexual assault that some may find upsetting and may trigger traumatic or disturbing memories in survivors of sexual assault

SAULT STE. MARIE — An Elliot Lake man who grabbed a young woman as she was walking home at night, pulled her into a wooded area behind an apartment building and raped her, was imprisoned for three years Friday.

Derek Robertson was masked and threatened to hurt the victim when he attacked her at about 10:30 p.m. on Nov.1, 2015.

The 27-year-old pleaded guilty to sexual assault, uttering threats and wearing a disguise with the intent to commit an indictable offence.

With the credit Ontario Court Justice Romuald Kwolek gave him for pre-disposition custody, the sentence totals 51 and half months.

Prosecutor David Kirk was seeking this "substantial sentence" for what he described as a case of stranger sexual assault.

"There is a repulsion in our society that women can't walk alone at night," he told the judge.

"There is fear that permeates our society and women. Think how many times they may be alone walking at night, and this brings out all those fears."

When Kirk read in the facts, the court heard Robertson walked past the victim, came back, sniffed her, grabbed her buttock and told her she looked sexy.

She told police, he held her down so she couldn't run away, threatened to hurt her when she yelled, then pulled down her pants and raped her from behind.

The woman indicated she was crying all the time, and didn't know if he was wearing a condom, the assistant Crown attorney said.

Her attacker didn't say anything during the assault, but asked if she had something to clean off his ejaculation and she wiped it with the sleeve of her coat.

He was wearing a grey zipped up hoodie, with the hood up, and a black Ski-doo mask.

She indicated she didn't recognize his voice or know who he was, Kirk said.

When she got home, she texted her sister and asked her to call police, saying she was so scared during the attack because "I thought he was going to hurt me after sex."

A sexual assault kit recovered the attacker's DNA profile and it was submitted to the national databank, but there was no hit.

Over time, the databank made a connection to an incident in Quebec and police began to suspect Robertson.

When he appeared in court on unrelated domestic violence matter, a DNA order was made and it matched the attacker's profile.

Robertson was charged with the offences on March 31, 2017 and confessed to police when he was taken into custody.

Kwolek heard the woman wanted to be in court to read her victim impact statement, but was too upset and emotional to attend.

Instead, the Crown read the statement, in which the woman detailed the impact the assault has had on her life.

She said she takes medication for depression and so she can sleep, is afraid to go out at night, doesn't trust anyone and doesn't feel safe at home.

"My emotions are all up and down," the victim said, indicating she has flashbacks to the trauma, and is afraid of strangers.

"I've never had good sleep since this happened."

Defence lawyer Ken Walker called his client's guilty plea "very mitigating," because "he has made it so that she doesn't have to testify" at a trial.

"It's worthy and important to note" that when Robertson was apprehended by police and after he consulted with counsel, "he flatly says he's not taking the advice of counsel and gives a confession."

He was co-operative with police, and his confession was full and voluntary, Walker said.

Robertson had remained in Elliot Lake — "he could have gone to Fiji, but he's here and taking it," the defence lawyer said, after indicating that his client knew this was coming down and he was glad to be caught.

"The remorse is overwhelming here. It weighed on him," Walker said. "I'm not trying to take away from the victim. She's had to endure this."

He told the judge his client had been sexually assaulted as a young child, kept it to himself and "it sort of festered with him."

Robertson began to cope by taking drugs after his mother, who was extremely important to him, was diagnosed with terminal cancer and died six months later.

The drugs "started to affect his outlook on things, distorted his reality," Walker said.

He asked Kwolek to impose a three-year sentence, and subtract the pre-trial custody, leaving Robertson with 21 months to serve.

"I apologize to her for what I did. I'm just really sorry for what I did," Robertson told the judge. "That's all I've got to say, your honour."

When he imposed sentence, Kwolek cited the Importance of general and specific denunciation and deterrence in such cases.

He pointed to the aggravating factors, including the brutal nature of the offence and the threat of violence used by the accused, who was masked, and the significant impact on the victim.

This assault was "committed by a virtual stranger" who wasn't wearing a condom, creating a concern about diseases, Kwolek said.

He also noted charges weren't laid until the DNA  sample was matched in March 2017 "which meant others lived in fear in the small community of Elliot Lake" after the attack.

He called Robertson's guilty plea significant because it saved the victim from reliving the trauma in court. 

"It is a demonstration of remorse," he said, telling the young man "I'm satisfied you are fully remorseful."

Once he completes his penitentiary term, Robertson must register as a sex offender for 20 years.

Kwolek also imposed a life-time weapons prohibition.

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About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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