Defence focuses on video recording in sexual assault trial

Complainant denies reporting alleged rape only because it was caught on film

The alleged victim of a gang rape captured on video denied Friday she only went to police because the sexual encounter was recorded.

The woman, who was 17 at the time of the incident on Dec. 28 and 29, 2016, insisted under cross-examination she never consented to being brutally violated by the trio in the basement of one of their homes.

Defence lawyer Joan Blumer suggested the complainant only reported the incident after realizing it had been recorded on cellphones.

“No, I did not want to be raped,” the witness, who cannot be identified, told court. “I was concerned the whole time, but definitely more concerned when I saw a video being taken of me.”

Blumer’s client, Adham ElSakaan, and co-accused Timothy Fanning face charges of sexual assault and sexual assault with a weapon in connection with the alleged gang rape.

A youth, who can’t be identified, pleaded guilty last year and was sentenced to 12 months of custody and a year of probation.

Both Blumer and Fanning’s lawyer, Balfour Der, suggested the teenager agreed to the sexual encounter at the youth’s home after she agreed to hang out with Fanning.

Blumer put to the witness that the video recording, and the fact that she was later seen in the back of the youth’s car in a compromising position, were her motivation for going to the police.

“I decided to report the whole thing because what they did to me wasn’t OK,” the witness said.

“And specifically it wasn’t OK that they recorded you, correct?” the lawyer said.

“Yes, that was even more of a motive for me to report it,” she said through tears.

“And so you want them to be held accountable for video recording you without your permission, isn’t that so?” Blumer said.

“Yes, and for ... being sexually assaulted.”

Blumer suggested the complainant

I was concerned the whole time, but definitely more concerned when I saw a video being taken of me.

could be heard on the videos making “sounds of pleasure.”

“Yes, because they wanted me to,” she replied.

She also rejected a suggestion from Der that she was smiling on the video.

Justice Scott Brooker earlier viewed the videos in court, although public screens in the courtroom were shut off.

In the audio, which wasn’t muted, the complainant could be heard crying and indicating she was in pain while the males uttered demeaning comments.

The trial resumes on Monday.