Two years after his acquittal, the Alberta Court of Appeal convicted the Calgary man guilty of “barbaric” gang rape.
After being raped by a violent group for more than four years, Sarah woke up with news she hadn’t expected.
Last Wednesday Wednesday, the Alberta Court of Appeals not only overturned the acquittal of the two young men who attacked her, but after watching the video of the attack they described as “barbaric”, a panel of three judges agreed to convict.
After the decision, the young woman said in a telephone interview: “I really feel very happy and relieved.” Since her name is protected by the publication ban, CBC News called her Sara.
“It was a huge shock to me, so it just lightened my burden.”
Sara has been saying for a long time that this made her painful because a juvenile pleaded guilty. The judge in the case called rape the “most shocking act of human depravity” he had ever seen, and the second judge Queen’s Court of Justice. Scott Brooker, who presided over the trial of Timothy Fanning and Adham El-Sakaan, ruled that despite the video showing her crying and saying “no,” Sara agreed.
Sara called herself an emotionally fragile 17-year-old girl when the attack occurred in December 2016. She said she is now a more confident young woman with a newborn baby and a plan-to go to college and become A social group. Workers help other victims of sexual violence.
The judge said the rape myth lingers like a fungus
In the decision last week to overturn the acquittal and convict the two people, each of the three judges on the panel severely criticized not only the rapist but also the decision of the trial judge to acquit him in 2019.
Alberta Court of Appeal Judge Dawn Pentelechuk wrote: “The reasoning of the trial judge faltered and dangerously approached thinking based on myths and stereotypes, which continued to linger like fungus in the legal world. .”
“This tunnel vision method is inconsistent with the current legal situation; video evidence shows that’crude’ sexual behavior has evolved into a violent attack.”
Judge Peter Martin agreed.
Martin wrote: “Here, we have three young people mocking and insulting a young woman, beating and sexually abusing her at the same time.”
Judge Brian O’Ferrall called Fanning and El-Sakaan’s actions “barbaric.”
Ofilal said that whether Sara agreed or disagreed, the couple was criminally responsible for the “cruel abuse” they inflicted. [her]. “
Brooke has since retired, so Fanning and Sarkar will go before the new judge is sentenced. The date will be confirmed this weekend.
Sarah said that the three highest judges in the province have all admitted that the incident was a sexual assault and was “life-changing news.”
The judge said the video was “extremely difficult to watch”
In December 2016, three teenagers-17-year-old who can only be identified as MM and two 19-year-old Timothy Fanning and Adham El-Sakaan-started consensual sexual encounters.
Two mobile phone videos were recorded, which were recorded without Sara’s knowledge, showing what happened.
A video was played during the trial, although members of the gallery could only hear the sound.
“Of course, video evidence is extremely difficult to watch,” Justice Dawn Pentelechuk wrote. “But I did see it many times.”
The video shows that three teenagers laughed while raping Sarah in turn, encouraging each other to beat her.
She was hit in the face, was called a “slut” and a “bitch”, and was told to “shut up”.
“Hit that cat, brother,” one teenager said to the other.
Sarah yelled in pain and said “no”.
El-Sakaan once said: “I will destroy her.”
Brooke remains acquitted.
“I almost started to believe that this didn’t happen to me”
Later, Sara was taken to the hospital, where the police intervened. All three teenagers were charged.
The youth identified as MM in court documents pleaded guilty to sexual assault.
El-Sakaan was convicted of using an electric toothbrush to sexually assault Sarah without her knowledge.
During the attack and subsequent trial, Sara struggled with anxiety, suicidal thoughts, and went in and out of the hospital.
After Brooke fired Fanning and Sakaen, Sarah said she was fragile, and the combination of the judge’s sentence and cross-examination aggravated her self-doubt.
In a phone interview with CBC, she said: “I almost started to believe that this didn’t happen to me, I’m a bit bankrupt.” “Maybe they were right, I overreacted.”
Fast forward two years later and Sara is full of confidence again and says that she was inspired by her four-month-old daughter.
“I don’t think they will be found guilty, and now they are in- [prosecutors] She defended me and the case was completely resolved. “
Sara recently applied to Mount Royal University, where she wanted to study social work so that she could help other victims.
Sara said: “I can see you and hear your voice for everyone who has been sexually assaulted.”
“We will work together to stop this situation and break the silence and stigma of sexual assault.”