Judge who found violent group sex was consensual to make sentencing decision Tuesday

A sentencing decision will come early next week for one of the Calgary men who participated in a violent sexual assault on a teenage girl.

Adham El-Sakaan, 21, was convicted of sexual assault with a weapon for inserting an electric toothbrush into the victim without her consent.

However, in April, El-Sakaan and co-accused Timothy Fanning were found not guilty on another count, of sexual assault, after the judge believed the testimony of the two accused that the victim wanted rough sex.

The Crown has appealed the acquittals on the sexual assault charges for both El-Sakaan and Fanning.

In its notice of appeal, the Crown says Court of Queen's Bench Justice Scott Brooker erred in his analysis of consent.

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

In Friday's sentencing hearing, Crown prosecutor Pam McCluskey asked for a five- to six-year sentence for El-Sakaan.

El-Sakaan's defence attorney, Joan Blumer, countered with a suggested two-year sentence. The judge is scheduled to make his decision on Tuesday. 

A third person who was underage at the time of the attack admitted to raping the Grade 11 victim. He pleaded guilty to sexual assault in 2017. He cannot be named under the Youth Criminal Justice Act.

The victim's identity is also protected by a publication ban. CBC News is calling her Sara.

A video was taken showing the teenage boys punching and slapping Sara while calling her a "slut" and a "bitch" and telling her to "shut the f--k up" while taking turns with her sexually.

They also laugh and egg each other on.

Sara can be heard on the video whimpering and crying as the boys took turns with her. 

Judge Richard O'Gorman, who presided over the case of the youth who pleaded guilty, said after watching the video that it depicted "the most appalling acts of human depravity I have had the displeasure to witness as a judge."

In his sentencing decision, O'Gorman wrote that "there is not one part of either video that shows any scintilla of consent."

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

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

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

Sara initially told authorities that she was forced to give oral sex to Fanning later in the night but changed her story and admitted she'd consented.

The judge also took issue with text messages Sara deleted from her phone. 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.