Toronto Star

Man jailed for ‘act of bar­barism’

For­mer ath­lete hit pros­ti­tute with bot­tle Vic­tim, 17, was kid­napped and raped

- PETER SMALL COURTS BUREAU

A judge has sen­tenced a con­trite for­mer high school ath­lete to 3 1⁄ years in

2 prison for what she called a “misog­y­nis­tic act of bar­barism.”

Todd Stoute, 22, and a pal were both im­paired by al­co­hol and co­caine at a down­town Toronto night­club early on a Satur­day night in June 2004 when they hatched a plan to steal two-forthe-price-of-one sex from a pros­ti­tute, ac­cord­ing to an agreed state­ment of facts.

Af­ter 3 a.m., the Aurora man ap­proached a 17-year-old girl stand­ing be­side the road in the Carl­ton and Jarvis Sts. area. They agreed on a price for in­ter­course and she climbed into his black sport util­ity ve­hi­cle, which had tinted win­dows.

His friend was hid­ing in the back, be­cause the pair be­lieved a sex worker would not agree to en­ter a ve­hi­cle con­tain­ing two men.

Ac­cord­ing to their plan, they were go­ing to sur­rep­ti­tiously steal the money Stoute paid her for sex, and then trick her by giv­ing her back the same money if she agreed to have sex with the friend.

Stoute drove the ve­hi­cle to a nearby al­ley, where they had in­ter­course. When they had fin­ished, the pros­ti­tute re­al­ized her purse was miss­ing and started ar­gu­ing with Stoute.

He hit her twice on the head with a bot­tle, caus­ing her to bleed heav­ily. Then she was pulled to the back of the truck, and her head was cov­ered with a blan­ket, ac­cord­ing to the agreed facts.

Stoute then drove the ve­hi­cle while his chum raped the teen. They went to Scar­bor­ough where the two men left the young wo­man in a dump­ster, tak­ing her purse and cell­phone so she could not con­tact any­one.

She later climbed from the dump­ster and ran to a home and sought help. She was treated in hospi­tal. DNA ev­i­dence linked Stoute to the at­tack.

At the time of Stoute’s ar­rest in Au­gust 2004, then-po­lice chief Ju­lian Fantino said he might never have been col­lared but for the fact that po­lice had aDNA sam­ple from a pre­vi­ous rob­bery.

On June 23 this year, he pleaded guilty to as­sault caus­ing bod­ily harm, sex­ual as­sault and fail­ing to com­ply with a pro­ba­tion or­der.

Stoute’s co-ac­cused, Kevon McPhee, is still to stand trial in the case.

“I am truly sorry for what I have done,” Stoute told Jus­tice Faye McWatt as fam­ily and friends looked on in Su­pe­rior Court. “I ac­cept the con­se­quences of my ac­tions.” The for­mer AA hockey

player, and high-school foot­ball and bas­ket­ball player, told the judge he has learned from his mis­takes and is de­ter­mined to live a pro­duc­tive life.

Defence lawyer Nadia Liva asked for a two-year sen­tence. Stoute co-op­er­ated with po­lice and will tes­tify against his co-ac­cused, Liva said.

“He has put his own life in dan­ger,’’ she said, not­ing that he will have to serve his sen­tence in seg­re­ga­tion to pro­tect him from in­mate reprisals.

Crown pros­e­cu­tor Elaine Stros­berg asked for four years. McWatt cred­ited Stoute with six months of prison time for his 16 months of house ar­rest while out on bail and the fact that he gave a full state­ment to po­lice. She said he made “se­ri­ous and tragic choices.”

She noted that the vic­tim is pro­foundly trau­ma­tized. “It was noth­ing short of misog­y­nis­tic bar­barism,” McWatt said.

Out­side court, Liva called the plan “stupid be­yond be­lief, ir­re­spon­si­ble.”

“He is pay­ing the price and will con­tinue to do so.’’ She said the scheme spi­ralled into a “tragic oc­cur­rence af­fect­ing her, him and his fam­ily and now he has stepped up to the plate.’’

 ??  ?? Todd Bryce Stoute was sen­tenced to a 31⁄ year prison term for sex­u­ally as­sault­ing a young pros­ti­tute in 2004.
Todd Bryce Stoute was sen­tenced to a 31⁄ year prison term for sex­u­ally as­sault­ing a young pros­ti­tute in 2004.

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