Judge sentences 'sexually immature' offender to 3 years in prison for violent group sex

A Calgary man has been sentenced to three years in prison for inserting a toothbrush into a teenage girl during violent group sex, with the judge describing him as "sexually immature" and "clumsy."

On Tuesday, Adham El-Sakaan, 21, waved goodbye to his tearful family as he was escorted out of the courtroom by sheriffs after being sentenced on an earlier conviction of sexual assault with a weapon . 

• Violent group sex was consensual — not gang rape, judge rules

Court of Queen's Bench Justice Scott Brooker described El-Sakaan as "sexually immature and inexperienced" and said the sentence would "encompass some of the most significant and important years of this man's life."

Brooker said crafting a fit sentence was difficult under the unique set of circumstances. 

Video evidence

The victim's identity is protected by a publication ban and CBC News is calling her Sara. She was 17 at the time of the incident.

In December 2016, violent sex took place between four people: Sara, El-Sakaan, Timothy Fanning and another man who can't be identified because he was a youth at the time of the offence and earlier pleaded guilty to raping Sara.

El-Sakaan and Fanning were found not guilty of sexual assault, after the judge believed the testimony of the two accused that the victim wanted rough group sex.

The Crown has appealed the acquittals on the sexual assault charges for both El-Sakaan and Fanning, arguing the judge erred in his analysis of consent.

A video of the violent sex was played during the trial.

• Victim says she was gang raped as teens laughed, egged each other on

On the video, she can be heard crying and saying "no" as the men punch her, laugh at her and call her a "slut." They also tell her to "shut the f--k up."

A third person admitted to raping the victim and pleaded guilty to sexual assault in 2017.

'Ignorant, clumsy and inattentive'

During their trial, Fanning and El-Sakaan testified the sex was consensual, and that Sara had asked for it to be rough.

El-Sakaan was convicted of sexual assault with a weapon because he inserted a toothbrush into the victim without her consent and did not stop when she cried out. 

But the judge believed El-Sakaan's testimony that he thought he was pleasuring the victim and described the offender as "ignorant, clumsy and inattentive."

Brooker said he did not find the victim to be a credible witness because of "too many contradictions in her evidence."

The "group sex commenced as a consensual activity," noted Brooker.

Earlier in the night, before any of the sexual activity, Sara had texted a friend saying she was considering having sex with the three teens but deleted those messages before going to police. 

El-Sakaan apologizes

When given the opportunity to speak, El-Sakaan apologized, expressed love for his family and said "I'm looking forward to my future and I just can't wait to get this over with."

Brooker noted El-Sakaan has accepted responsibility, expressed genuine remorse and has taken steps to improve his understanding of consent. He has also been volunteering with the Women in Need Society since his arrest.

Defence lawyer Joan Blumer asked Brooker to impose a two-year sentence while prosecutor Pam McCluskey argued El-Sakaan should spend five to six years in prison.

In a victim impact statement read by Sara last week, she wrote about the trauma of the experience. 

"For the rest of my life, I will be stuck inside the skin that you have touched, and for the record, it wasn't OK. I said no," Sara wrote.

"I've lost the ability to see a future for myself. I no longer feel like I am loved or I am beautiful."