Woman recounts rape by three when she was 15

Victim, now 30, testifies at trial of man who pleaded not guilty to sexual assault

A B.C. Supreme Court jury looked on as a witness became physically ill as she described being pulled into bushes and then raped by three men in 2003 when she was 15 years old.

The victim, now 30, who can only be identified as B.M., was testifying at Peter Leno’s sexual assault trial.

Leno, who represented himself, has pleaded not guilty. The trial is expected to last 20 days.

The woman testified she was living in a foster home in Duncan on June 23, 2003.

She testified that she planned to meet with a group of friends at a 7-Eleven that night, but they didn’t show up.

“I hung out there. A car pulled up with three people in it. All three were male,” she testified.

One man asked her if she wanted to go for a ride and B.M. agreed. She had a beer with them. She got into the car and they drove down the hill from the 7-Eleven, she recalled.

“We made it down to the road where there was bushes and they raped me when I got out of the car.”

All three men raped her vaginally and orally, she told Crown prosecutor Jim Blazina. She did not know if they were wearing condoms.

“Obviously, you didn’t consent to any of this,” said Blazina. “No,” she replied. “What kind of shape were you in?” he asked.

“Horrible. They left me in the same spot where we got out of the vehicle. … I lost my shoe.

“My purse was dumped out everywhere.”

She went back to the 7-Eleven to see if a friend was there, but she wasn’t.

“A couple of people asked me what was wrong as I was sitting there in tears. I told them nothing,” she testified.

In his opening statement, Blazina told the jury that in the coming days they will hear from a taxi driver who will describe what kind of state B.M. was in after the assault.

The jury can also expect to hear from Ron Arscott, who saw B.M. at the 7-Eleven and became concerned for her. Arscott is expected to testify that she told him what happened and he called his wife and offered to take her to his home. He is expected to testify that B.M. went home with him, had a bath and had her clothes washed.

The next morning, Duncan RCMP became involved, said Blazina.

Const. Ashish Puri is expected to testify that B.M.’s foster mother filed a missing person’s report and he located her at the Arscotts’ home. He is expected to say that he got information from B.M. and took her to the RCMP station first, then to the area where the assaults took place.

The jury will hear that Const. Jennifer Prunty arrived at the scene. She’s expected to testify that she found makeup, a hairband, eyeglasses and empty beer bottles, said Blazina.

The two officers took B.M. to be examined by a forensic nurse at Victoria General Hospital, said Blazina.

The nurse is expected to describe B.M.’s injuries and is expected to testify that she took samples and swabs from B.M. and also from some clothing, including a pair of blue underpants.

Nothing happened for the next couple of days, said Blazina. On June 28, 2003, B.M. gave a video statement to police.

The jury can expect to hear Const. Heather Bickle testify that she sent the samples to the RCMP forensic lab.

It was determined in October 2003 that there was blood and semen on the underwear.

“The case sat there until August 2015 when Cpl. Andrew Bechtel got information that linked DNA from the underwear to Mr. Leno,” Blazina said.

The jury can expect to hear that Bechtel got a warrant to take a blood sample from Leno. That blood sample was taken from Leno in February 2016.

The evidence is expected to show that in May 2016, male DNA on the underpants matched Leno’s blood sample, said Blazina.

Seven DNA experts and technicians, who worked on the case in 2003 and 2016, will be called as witnesses, said the prosecutor.

The jury watched a video of the 15-year-old B.M. being interviewed about the sexual assaults. Much of the recording was inaudible. The jury was given transcripts to follow what was being said. In the interview, police officers pressed B.M. for more details, telling her she is safe now and it’s all over; the 15-year-old sobbed and told them she wanted to go home.