Victim relieved ‘it’s over’ as rapist sent to prison
Kohl Elder, 21, sexually assaulted, strangled and confined woman
The parents of a young Regina woman who was confined, locked in the trunk of a car, and raped after simply going to purchase a cellphone from a man are glad to see some closure to their family’s ordeal.
Kohl Alexander Elder, 21, was sentenced to 7 ½ years in prison at Regina Court of Queen’s Bench on Wednesday. Given the time he has already served prior to sentencing, his term going forward is 5 ½ years in prison.
“She’s very happy with the fact that, in this sense, it’s over,” the victim’s father said of his daughter.
“He’s going away; she knows she doesn’t have to look over her shoulder for a while to wonder if he’s going to be there.”
The victim, whose identity is protected by a publication ban, did not attend Elder’s sentencing.
She presented a victim-impact statement on Friday, the day Elder pleaded guilty to four charges: robbery with a weapon, uttering threats, unlawful confinement and sexual assault. The offences occurred on Oct. 13, 2015.
She described her continued fear and mistrust of people, flashbacks, and breakdowns as well as panic attacks when she misplaces her phone.
The phone, Justice Ellen Gunn said, is “a trigger reminding her of what happened to her.”
The woman was 17 years old at the time of the attack. She had arranged to purchase a cellphone from Elder, a friend of a friend. They were in her car when he pulled a knife on her. Over the course of the night, he locked her in the trunk, raped her and strangled her to passing out.
“(She was) violated in a terrifying set of circumstances,” said Gunn.
“She was able to bring this ordeal to an end only by her own courage and will, by opening the trunk of the car from the inside and jumping out and running to safety. The vision of her hiding on the roof of a garage in the dark, while the accused circled in her car looking for her, is a picture not easily forgotten.”
In sentencing submissions last week, Crown prosecutor Loreley Berra and defence lawyer Carson Demmans jointly recommended 7½ years as an appropriate prison sentence.
“I wish it had added up to a little bit more,” said the victim’s father, “but that’s the system. There’s nothing you can do about it.”
Elder is to serve concurrent sentences on additional charges, including breaching probation from a May 2015 charge of assault on his girlfriend, and theft under $5,000.
Elder must comply with the sex offender registration act for the next 20 years. He is also prohibited from possessing weapons, including firearms.
After the sentencing, Elder’s mother hugged the victim’s parents. “She’s like any other parent. She wants to support her kid, do everything she can for her kid. But in the end, she can’t control what her kid does,” said the father.
“So she did what any parent would do, I think. She helped him, stood by him, did what she could. And then at the end she came over and apologized and tried to console us, which I don’t think you could ask for much more from anybody.”
In sentencing, Gunn considered mitigating factors, which could contribute to a lesser sentence:
Elder had just one previous related conviction, accepted responsibility by pleading guilty, had already spent 20 months in custody, showed remorse by apologizing to the victim in open court, and is willing to take treatment programs in prison.
She also listed the aggravating factors: Elder was on probation at the time of the offences, had a previous record of a violent offence, and committed a major sexual assault against a minor.
Demmans said Elder doesn’t remember the night of the attack, due to frequent use of drugs, including LSD and marijuana.
“The voluntary consumption of drugs, such that Mr. Elder no longer remembers what he did, is not a mitigating factor,” said Gunn.