CALGARY — Supporters of a 17-year-old Calgary girl who was randomly kidnapped and sexually assaulted by two brothers nearly two years ago sent the judge a silent message at a court appearance Wednesday.
About a dozen people from the neighbourhood where the attack took place sat in the front row of the courtroom and many had the number 12 written on their faces — the number of years they believe the attackers' sentence should be.
"We cannot let concerns for the assailants outweigh the concerns for the victim," said Khalil Karbani, president of the Taradale Community Association.
"On behalf of our community, all fathers who have daughters, all brothers who have sisters, the mothers, the sisters and to everyone else seeking justice, we are saying no to a reduced sentence and we are saying no to less than 12 years."
The sentencing hearing for Corey Manyshots, 25, and his brother Cody, 21, was adjourned last week after their lawyers asked for more time to examine their clients' mental health issues.
Court reconvened Wednesday to set Nov. 25 for the hearing to resume.
The Crown has recommended a sentence of 12 years less time served, while the defence argued it should be six years minus time in custody.
The brothers pleaded guilty last October to kidnapping, uttering threats, sexual assault, and robbery. A charge of sexual assault causing bodily harm was withdrawn.
The pair approached the girl — who they did not know — at a bus stop, forced her into an alley and sexually assaulted her in November 2014.
The Grade 12 student was then taken to their home, where the brothers sexually assaulted her 15 times until she was able to escape about eight hours later when they fell asleep.
Judge Terry Semenuk's decision last week to not allow the Crown to read the teen’s victim impact statement in open court, even though the victim had requested she do so, has drawn criticism.
Semenuk questioned whether the prosecution had the authority to read the statement and was told the Criminal Code allowed it if the court considered it appropriate.
Semenuk rejected the request, saying he had concerns the statement might break a publication ban on the victim’s identity.
Danielle Aubry, executive director of Calgary Communities Against Sexual Abuse, attended Wednesday's court appearance and said the judge is wrong for not allowing the victim's impact statement to be read by the Crown.
"Certainly in my years, I know that no case that goes to court is perfect. Sexual assault cases are always fraught with some kind of issue and definitely last week the issue of the victim impact statement not being read was very concerning for us," Aubry said.
She said further delays in resolving the case is especially difficult for the young woman.
"I think we have to remember what kind of impact that has on the victim in this case. It's just another delay and another wait for her to find out the fate of these two young men."
