Judge Ray Wyant
Credits: Courtroom sketch
WINNIPEG -- Even a maximum youth sentence doesn't come close to holding a remorseless young Winnipeg street gang member to account for brutally raping and robbing a woman after he randomly busted into her Fort Richmond home looking for cash.
That's the position of Manitoba Justice, which is seeking to have the now 18-year-old man sentenced as an adult on charges of aggravated sexual assault and house break enter to commit robbery -- allegations a Crown prosecutor described Tuesday as "the most serious, short of murder."
Disturbing facts of the July 9, 2011 incident were revealed for the first time in court this week as Crown attorney Dan Angus made his bid in hopes of seeing the young man locked in adult prison for a lengthy, undisclosed term.
The man's crimes were committed just a few weeks prior to his 18th birthday.
Court heard the victim, then 27, was beaten and robbed of $55 after she confronted the man breaking in through a second-floor window. The teen then threw her to the floor and brutally sexually assaulted her.
"Just let me love you," the victim reported her attacker as saying, according to Angus.
"You're raping me," the terrified woman replied.
"Just let me rape you then," he said.
The teen fled the crime scene by diving through a window after the woman's husband came home. Police arrested the teen nearby in a pool of his own blood. He initially told them he was "drunk as f---" and had blacked out after falling through a window.
In a heart-wrenching victim impact statement read to Judge Ray Wyant, the woman described through tears how her life has been turned completely upside down.
She now lives in fear in a new home and was diagnosed with post-traumatic stress disorder, court heard.
"I hate that I can't get the attack out of my mind," the woman said, calling the attack and her attacker "pure evil."
The reedy-looking young man stared blankly as she read her statement Tuesday. At other times during the hearing he appeared to doze off.
At the time he attacked her, the young man was subject to two supervised probation orders stemming from a series of youth convictions.
Angus called the crime a "senseless, violent and brutal attack" -- one which the YCJA can't appropriately punish given the man's record, conduct and character.
Defence lawyer Jay Funke is pushing for the man to receive a rare designation that allows a young offender access to a greater amount of programming and therapy while in
custody or serving the community-based portion of a YCJA sentence.
"If we don't address the variety of problems, all we're doing is forestalling the inevitable," said Funke.
Corrections officials deemed the man a "very high risk to reoffend," and he falls into the "top 12 percentile" of risk for adult male sex offenders, court heard.
Sentencing was adjourned for Wyant to hear further arguments at a later date.