Archive photos of Calgary Courts in Calgary on Monday November 26, 2018. Darren Makowichuk / Postmedia
Forcing a Calgary teenager to engage in sex with three men for a ride home on a cold winter night caused the city man to be convicted of sexual assault.
Court of Queen's Bench Judge John McCarthy said on Tuesday that there is no "air of reality" for the defense suggestion that Abdifatah (Diggy) Ibrahim, 23, believes the girl consented.
The victim, who was 16 on February 9, 2015, testified in December that she was forced to have sex with Ibrahim and two other men when she and her friend were arrested in what the judge called "depraved acts." For all three.
She and her 17-year-old friend were at another friend's house the night before and had taken CTrain downtown to transfer to a Coventry Hills bus to spend the night at another girl's parents' home.
But when they got to the center of town, the bus they needed was no longer working, McCarthy noted.
They got a ride to a Beddington convenience store, but they still had a three-hour walk to get to the other girl's house.
Her friend called an acquaintance known as Vamba, and she agreed to have sex to pay for the trip.
But the victim did not want to get involved in sex, the friend testified.
When Vamba arrived with two other men, the girls were taken to the parking lot of John G. Diefenbaker College, where the victim was forced to have sex in the back of the car with the three men.
They were taken to a Whitehorn residence instead of going to their friend's house, and on the way Ibrahim forced both women to have oral sex, McCarthy decided.
There, the other two forced the victim to have sex again, robberies the judge found Ibrahim was a party to.
Defense attorney Lori MacKay argued that McCarthy might find there was evidence that Ibrahim mistakenly believed the victim was consenting, in part because he put his name and number on his phone when the teenagers were eventually taken home.
But the judge ruled that the conduct was so consistent with "an insensitive disregard of the claimant by a person without any remorse."
At MacKay's request, McCarthy ordered a psychiatric and psychological risk assessment on his client.
Crown prosecutor Jason Wuttunee has called for the case to be postponed until Jan. 18 to mark the date of the trial, which is likely to be in May.
Ibrahim remains in custody until the sentence.
A second suspect is scheduled to stand trial later this year, while the Crown remains charged with a third individual.
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