Teen sentenced to 10 months in open custody for his part in 2019 gang rape

ADVISORY: This story contains graphic content that may be disturbing for some readers.

Earlier this summer, the first of what could be five sentences was handed down for a gang rape a provincial court judge called “horrendous.”

At the end of June, Regina Provincial Court Judge Doug Kovatch gave his sentence for the accused who was just a month shy of his 14th birthday at the time of the rape.

None of the accused can be identified as they’re all under 18. There is also a publication ban on anything identifying the victim.

The incident happened in February 2019. According to court documents, the victim, a 14-year-old girl, was invited to the house of one of the accused. When she got there, several young men were in the basement watching TV and playing video games.

Shortly after she arrived, one of the boys went to talk to the others, and then the girl’s ordeal began. She was held down on a bed in the basement and stripped, then sexually assaulted multiple times in several different ways by at least five boys — twice by the teen who now has been sentenced.

The statement of facts goes into some detail, including that one of the accused tried to force another boy to participate, and that the boys used parts of their bodies to prevent the victim from crying out.

Court documents say at least one cellphone was used during the assault to record video, which then was sent to the phone of the teen who was sentenced.

The girl reported the assault immediately after and five boys were arrested.

“Victim impact statements were prepared by (the girl) and her mother. As one might expect, the emotional and psychological scars suffered by (the girl) and the family are much more significant and long-lasting,” Kovatch wrote in his decision.

A few months after the arrest, the teenager in question pleaded guilty to sexual assault causing bodily harm. Other initial charges of anal sex, making or publishing child pornography, and transmitting child pornography were all withdrawn.

A pre-sentence report discussed his history and family, saying that he hasn’t had any other run-ins with authority and that his teachers describe him as a “good student” who’s “always respectful and polite.”

But the writer of the report also noted that while the teen accepts responsibility and feels remorse, he also downplays the seriousness of what happened and said he was only in this situation because the other boys “peer-pressured” him into assaulting the victim.

“Defence counsel said that it never occurred to the accused to leave. He never thought of leaving,” said Kovatch.

Assessments found the boy is a moderate risk to reoffend and a low risk to reoffend sexually.

The Crown prosecutor argued for the maximum sentence for the crime — two years, plus probation.

“She discussed the physical and psychological injuries to (the victim) and her family. She discussed the dehumanizing and humiliating nature of the attack. On the basis of these extreme facts, counsel indicated that the court must make a statement and very seriously deal with these matters,” wrote Kovatch, explaining his decision.

The defence lawyer agreed the assault was severe but then argued there’s an emphasis in the Youth Criminal Justice Act calling for rehabilitation and reintegration of the young person in sentencing. He asked for probation or a short sentence of open custody.

In his explanation, the judge discussed the sentencing principles but also that it was a major sexual assault.

“In my respectful view, the facts of this case are so severe, the circumstances so horrendous, that an actual custodial sentence must be imposed,” Kovatch wrote.

“If I were to not impose an actual custodial sentence in this case, it is difficult to imagine under what circumstances the Court would ever impose actual custody for a major sexual assault. In my view, the facts are such that the only just and proportionate sentence in these extreme circumstances is one of actual custody.”

Kovatch ended up imposing a sentence of 10 months in open custody then five months to be served under conditions in the community, with another nine months of probation after that.

Kovatch said he didn’t sentence the teen to two years because he wasn’t the ringleader, and there was at least one other person involved whom the judge believed was deserving of greater punishment.

“It would seem to me that the maximum penalty that could be imposed upon that individual is two years of actual custody. This individual’s sentence should be less,” wrote Kovatch.

The Crown has appealed the sentence.

Cases against the other four accused are still making their way through the court system; one is waiting on a decision later this month.