Judge rails at rapist’s defence

Hey there, time traveller!
This article was published 10/06/2016 (3568 days ago), so information in it may no longer be current.

Note: Subsequent to the publication of this story, Robert Zamrykut appealed his conviction. The Manitoba Court of Appeal ordered a retrial, saying Zamrykut convinced them he had been the victim of a miscarriage of justice because his lawyer had given him ineffective assistance during his initial trial. Shortly after the retrial was ordered, the Crown attorney issued a stay, saying there was no reasonable likelihood of conviction.

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A Manitoba judge has lashed out against suggestions social-media posts from a rape victim raise questions about how much she was affected by the crime.

Robert Zamrykut, 25, was sentenced to 30 months in prison Friday for a March 2014 attack in which he forced intercourse on a young woman he met at a Winnipeg bar and then took to a nearby apartment building.

Queen’s Bench Justice Sadie Bond took issue with Zamrykut’s attempt to question the victim’s credibility during sentencing submissions, including veteran defence lawyer Richard Wolson reading a series of online postings the woman apparently made in the two years since she was attacked.

“The effect of such comments is to resurrect the prohibitive myths of possible promiscuity and propensity to consent in an attempt to raise questions about the victim’s character and credibility,” Bond said Friday. “I categorically reject any suggestion that the character or lifestyle of the victim has any relevance whatsoever on the sentence of the accused.”

The Crown sought up to three years in prison for Zamrykut, who has no prior criminal record. He was seeking as little as two years. He has denied any wrongdoing, but Bond rejected his version of events in favour of the victim’s.

In a victim-impact statement presented to court, the woman described suffering emotional trauma, anxiety and weight loss from being unable to eat. Wolson then took issue with some of her claims, saying he was doing so reluctantly and at the urging of his client’s family who had gone through her social-media posts.

“I’m not here to victimize this lady,” he told court, adding he was trying to point out alleged “inconsistencies” between what the victim said in her statement to the court versus her online posts.

In one post, Wolson said the woman wrote “I’ve come to the conclusion good decisions and Whiskey Dix will never be in the same sentence.” Wolson said there are other posts in which the woman describes getting intoxicated at the bar and how “it’s a bad idea to give your number out.”

In another post last year, the woman described being thrilled by a 25-pound weight loss, saying “what a difference a year makes” and attributing it to changing her diet. Wolson questioned how the woman can blame his client for not being able to eat and losing weight, but tell others online she was happy with the results.

Bond said Friday there could be many explanations for why the woman is projecting a certain image through her social-media pages, including the fact she may be trying to put on a brave public face.

“Nothing of what was presented to me on these social-media posts undermines the impact,” Bond said.

Crown attorney Randy Janis told court he spoke to the victim about her posts. He said she initially did lose about 15 pounds following the attack, then later took the initiative toward a healthier lifestyle “months and months after.”

As for the bar posts, he said the victim works in a bar and has many friends there.

“That’s how she deals with some of her anxieties, by going out and socializing,” Janis said.

Zamrykut was taken into custody on Friday to begin serving his sentence. His name will also be added to the national sex-offender registry.

www.mikeoncrime.com