Sentencing delays frustrate victim in sexual assault case

The victim in a sexual assault case says she’s frustrated by a series of delays in the sentencing of the man who attacked her more than two years ago.

Luke David Rayworth pleaded guilty to sexual assault last Nov. 28, on the day his trial was supposed to take place. His sentencing was scheduled for February, but his legal aid lawyer left the service and a new lawyer was appointed to the file Jan. 4. The sentencing at that point was rescheduled for March 7 in Kentville provincial court, but on that day a different defence lawyer appeared in court and said Rayworth’s lawyer had a time-sensitive issue in Dartmouth and couldn’t attend.

The sentencing was rescheduled for March 27, but on that day, Rayworth’s lawyer appeared and asked for an adjournment to have Rayworth undergo a forensic sexual behaviour assessment. A new date for the sentencing has not yet been set.

Meanwhile, the victim says, she has been left to twist in the wind. She said she expected the matter to be finished long before now.

“There have been four or five months for preparation on the defence side,” she said. “It’s very frustrating. I don’t understand why the assessment would only be requested now and not prior… it seems odd to me.”

She said she understands that the Crown and judge had little choice but to accept the request, “but now we’re just in limbo.”

She said it’s stressful and scary waiting for a conclusion to the case.

“I feel vulnerable, I just want to be able to move on with my life and feel like this case has been prolonged and dragged out. The defence has had every opportunity to make the case for themselves, and I feel like I’m stuck … it’s a weird thing, I never thought I’d have to experience this.”

While the woman has prepared a victim impact statement, she declined the opportunity to read it in court.

“Had I agreed to read the statement at sentencing, I would have had to have made these appearances at the court every single time just to be sent home,” she said.

That would only have increased he stress and anxiety, she said.

“I just want to move on.” She said she thinks more needs to be done by courts to prevent delays like the ones she’s going through, especially when assessments could be requested earlier.

“I understand that everyone has a right to a fair trial and process, but I feel like the victims in these cases are kept outside the process,” she said. “There’s already such a backlog in the justice system, and it already takes so long for processes to move ahead. There has to be some kind of limitation, because closure is required for victims. They need to be able to move on with their lives, and the people who committed the offences need to move on to the rehabilitation they require.”