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Horrific sex offender may face 10 years

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EDITOR'S NOTE: The following story contains extremely graphic content that some readers may find offensive. Reader discretion is highly advised. EDITOR'S NOTE: The following story contains extremely graphic content that some readers may find offensive. Reader discretion is highly advised.
After listening to details of the "horrific" sexual assault he committed, a 35-year-old Oliver area man rose in court and apologized Tuesday.
However, Brian Louie still faces the likelihood of years in a federal prison.
With the victim sitting in the back of the courtroom, Louie stood up in the prisoner's box at the close of a four-hour sentence hearing in Penticton provincial court.
"I am truly sorry for everything that has happened," he said, adding that he agreed with all that was said during the hearing.
Louie was found guilty of aggravated sexual assault and assault causing bodily harm following his trial in December 2012. A later application for a mistrial due to a perceived conflict involving his former defence lawyer and a trial witness was rejected by Judge Meg Shaw in October.
Crown counsel John Swanson is now calling for a combined 10-year sentence on the two charges, while defence lawyer Micah Rankin suggested 2 1/2 to 3 1/2 years would be more appropriate.
The judge reserved her decision until a later date.
The charges stem from a May 20, 2012, incident following a house party near Oliver, when Louie bit off part of a woman's vaginal labia during consensual oral sex.
"After biting off a piece of the victim's labia, he spat it across the room," Swanson said.
While the woman screamed in agony and got help from the homeowner in trying to stop the massive flow of blood from a severed artery, Louie attacked again.
Swanson said Louie began punching and kicking the woman numerous times in the face, head and upper body. He then grabbed her by the arm and dragged her down the stairs before heading out the front door.
The Crown counsel said the victim has permanent scars on her face, vaginal surgery was required, and she suffered severe psychological damage from the attack, which occurred in a "horrific fashion."
The woman spent five days in hospital following the assault.
Swanson quoted from a victim impact statement the woman gave authorities in September 2012, four months after the attack.
"This incident has taken over my life, both physically and emotionally," she stated. "I don't know if my life will ever be the same."
Swanson called for an eight-year sentence for aggravated sexual assault and a further two years for assault causing bodily harm, to be served consecutively. He noted Louie didn't stop to help the victim or call for medical assistance following the attack.
Rankin admitted the incident was a "terrible offence," but said it was not a random home invasion or "night stalker" type of attack, which are viewed more seriously by the courts.
He said that although Louie has a previous criminal record, he has never spent more than 60 days in jail.
Rankin said his client is taking steps to deal with his alcohol and drug problems and has already enrolled in programs at two high-profile treatment centres upon his release from custody.
He read portions of a note Louie wrote in which he accepts full responsibility for his actions.
"I want to make it clear I'm a changed person. I know that violence isn't the answer," he stated. "I'm asking for forgiveness and another chance."
The defence lawyer also called for enhanced credit of 1.5 times the 566 days Louie has spent in custody since his arrest. The lawyer noted Louie is in protective custody at Kamloops Regional Correctional Centre, where other inmates have labelled him as a "skinner," or rapist.
In reserving judgment on the case, Shaw noted it is an extremely important decision and she has substantial submissions to consider. The matter was put over to Dec. 16 to fix a date for sentencing.

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