Judge rejects reading of rape victim’s impact statement

Judge doesn’t let Crown read account of teenager’s trauma aloud for her

A Calgary judge on Tuesday declined a Crown request to read aloud the victim-impact statement of a rape victim, sparing her assailants from hearing the effect the crimes had on her.

Provincial court Judge Terry Semenuk would not allow Crown prosecutor Zailin Lakhoo to read the teen’s statement in open court, even though the victim had requested she do so.

Lakhoo told Semenuk the victim did not wish to read the statement herself in front of the two men who brutally assaulted her 20 months ago, brothers Corey and Cody Manyshots, and instead wanted the prosecutor to read it for her.

Semenuk questioned the authority of someone other than the victim to read in the statement, but was told the Criminal Code permitted him to allow it. Despite that, he declined to have it read by Lakhoo.

“The record will show that the victim-impact statement has been marked an exhibit,” he said. “I’m not going to allow the Crown to read it into the record having regard to the publication ban (on the victim’s identity).”

Exhibits on a criminal file are not available to the public without a formal request to access them and a judicial order allowing release.

Semenuk heard sentencing submissions from the Crown and defence. Lakhoo said both men deserved global sentences of 12 years on charges of kidnapping, sexual assault causing bodily harm, uttering death threats and robbery.

Cody, 23, and Corey, 27, earlier pleaded guilty to those charges in connection with a Nov. 14, 2014, random attack on their then-17year-old victim.

The girl was waiting at a bus stop in northeast Calgary late that evening after watching a Disney movie at a friend’s home.

The brothers approached her, forced her into a nearby alley and both raped her. Cody Manyshots then told her: “If you want to live one more night, come with us, or you can die in the alley.”

The brothers then led their victim to their parents’ Martindale home, a 20-minute walk away, where they repeatedly raped her for several hours.

Lakhoo said there were numerous aggravating factors that warranted a sentence of a dozen years.

Among those were the fact the attack was premeditated, occurred over more than eight hours and involved multiple acts of sexual assault by both men. “It’s an unprovoked attack against an innocent girl,” the prosecutor said.

Defence lawyers Alain Hepner and Mitch Stephensen said lesser sentences were warranted.

Hepner said he would be seeking a six-year term, minus credit for time already served for Cody Manyshots.

Stephensen, who represents Corey Manyshots, said his client, who has served the equivalent of 21/2 years with enhanced credit for pretrial custody, should be sentenced to two years followed by probation.

Both lawyers asked that their submissions in the sentencing hearing be delayed so they can further investigate mental-health issues raised in psychological reports done on their clients.

Stephensen noted his client was diagnosed with schizophrenia s.

Hepner noted it was suggested his client may have fetal alcohol syndrome.

A date to resume the sentencing hearing will be set Aug. 3.