Kristi Patton
Western News Staff
Sentencing for an Oliver man found guilty of a gruesome sexual assault began on Tuesday.
Brian Douglas Louie was found guilty last year of aggravated sexual assault and assault causing bodily harm for an attack that took place in May 2012 at a house on the Osoyoos Indian Band.
The attack left a woman, whose name is subject to a publication ban, with psychological problems, post-concussion symptoms, bruising, physical scarring on her face and head and her genitals mutilated.
“I describe it as a cowardly, horrendous and vicious attack on an innocent victim,” said Crown counsel John Swanson during his submissions on Tuesday at the Penticton courthouse.
“The injuries inflicted by Mr. Louie have been absolutely horrific and they are permanent,” said Swanson.
Crown argued the most aggravating of the facts is the injuries the woman suffered when her artery was severed during an intimate act with Louie.
Swanson said after the assault Louie sat at a table as people at the party attended to the woman then he got up and continued to assault her when she was at her most vulnerable with a potentially life-threatening injury.
Swanson said Louie “savagely beat” the woman, dragged her down a staircase then fled.
In his submission, he said, that was either to prevent her from getting medical assistance or to intimidate her to not report it.
In a victim impact statement the woman said she suffers from anxiety, nightmares about Louie returning to kill her, a lost of trust in people and she cannot even conceive having a relationship with a man.
On the night of the attack Louie said he had been on an alcohol and cocaine-fuelled binge for days and only had five to seven hours sleep.
He was invited to the house party and claims the bite was an accident and “big misunderstanding.”
Louie said he had been defending himself and admitted during the trial to punching the woman but denied dragging her down a set of stairs.
Swanson said Louie has never taken responsibility for what he has done, even after being found guilty, and continues to blame everyone else including the courts, cultural bias and prejudice by the judge because she is a woman.
According to psychological evaluations Louie has an anti-social personality behaviour problem and was listed as moderate-to-high-risk to re-offend violently.
Throughout the trial, held last year, Louie interrupted the court with outbursts asking when he would get to tell his side of the story.
When he did take the stand he proceeded to call the victim a “villain” and “drama queen.”
Louie has been behind bars for 566 days and defence counsel Micah Rankin was asked that he receive extra credit for time served because of his aboriginal heritage and the fact that he has been held at Kamloops Regional Correctional Centre in protective custody as inmates have labelled him a rapist.
Rankin said the sentence that Crown is asking for, eight years for the aggravated sexual assault plus two more for the assault causing bodily harm, is excessive and harsh.
He agreed it is a “terrible offence” but one that carries a sentence of up to 3.5 years.
“He has no history of sexual violence. This is not a recidivist sexual offender that is before the court … there isn’t a danger that Mr. Louie is going to be out committing sexual assaults,” said Rankin.
The defence lawyer said Louie has already begun treatment while in jail to deal with his emotional issues that are entangled with alcohol and drug problems.
Rankin said there is a plan when Louie is released that includes treatment at a facility and the continued support of his family.
Judge Meg Shaw said she would return at a later date with her decision on sentencing.
