CALGARY — Two brothers with fetal alcohol syndrome who were sentenced Friday to 12 years for raping a teenage girl more than a dozen times should be kept in prison as long as possible to protect society, a Crown prosecutor said.
"What became so clear in this prosecution is there is very little that society can do to prevent a repeat performance," Jonathan Hak said after the sentencing.
"There's very little we can do to rehabilitate them and, frankly, that's not their fault. They were dealt a very poor hand at the beginning of their life and it's affected their entire life."
There's very little we can do to rehabilitate them and, frankly, that's not their fault.Jonathan Hak
One of the lawyers for 29-year-old Corey Manyshots and his brother Cody, 24, had already told court last fall that the siblings never had a chance from the day they were born.
On Friday, Alain Hepner, who represented Cody, reiterated that the Manyshots had a difficult upbringing.
"They come from a disenfranchised background. The FASD report put them at the high end of fetal alcohol syndrome. Their life was such that they never really had proper schooling," he said.
"They fell between the cracks of life."
The brothers pleaded guilty in October 2015 to sexual assault, kidnapping, uttering threats and robbery.
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They abducted a 17-year-old girl from a bus stop in Calgary's northeast in November 2014, sexually assaulted her in an alley and then took her to their home where they raped her another 15 times over eight hours.
The Grade 12 student was able to escape the next day when they fell asleep. Police were contacted by her family when she made it home.
Face less than eight years behind bars
"Certainly one of the most depraved offences that I've ever been involved with, just unmitigated evil, frankly," Hak said Friday.
"The court clearly appreciated the seriousness of the offence and the dangerousness of these offenders."
Judge Terry Semenuk gave the brothers credit for time served, so they face less than eight more years behind bars.
Hak said the brothers theoretically could apply for parole in just under three years, but "the likelihood of that being successful is probably zero."
"The reality is they will probably serve much closer to 12 years ... because of the circumstances of this offence and because of their personal characteristics and the likelihood of them reoffending in the future."
Brothers have poor cognitive functioning
The two had been sent for additional psychiatric testing last June to determine if they were criminally responsible for their actions. Tests revealed that both suffer from severe fetal alcohol syndrome, have poor cognitive function and struggle with mental illness.
At a sentencing hearing last fall, Hepner said he hoped there was a way the brothers could get the support they need in a structured prison environment to lead a meaningful life once they got out.
On Friday, he said he would have to read the judge's decision in its entirety before he could discuss a possible appeal with his client's family.
"I'm not saying that's going to happen and I may not even do it," he said.
Hak said that a dangerous offender designation doesn't apply in this case because there must be a pattern of violence for a court to impose that status on an offender. This was the first crime of this nature for the brothers.
The victim is said to be doing well, given the circumstances, and the Crown said she is getting on with her life.
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