WARNING: This article contains details of​ ​​​sexual violence. 

A once-cold sexual assault case has ended in a conviction of the man who raped a Calgary woman and beat her so badly she was unconscious for more than a week. 

A publication ban protects the identity of the victim. She is known in the judge’s decision as MM.

On Tuesday, Justice Allan Fradsham convicted Kepra Udup Bang, 27, of aggravated sexual assault, largely based on DNA evidence that identified the suspect nearly six years after the attack.

A sentencing hearing will take place at a later date. 

Women witnessed rape

In delivering his decision, Fradsham made findings of fact based on the evidence presented at trial last year. 

Court heard that on July 14, 2019, two women in the Forest Lawn area called 911 after hearing MM’s screams.

One of the witnesses looked out of her bedroom window and saw MM being raped. 

Police arrived within minutes and found the victim unconscious. 

3 months in hospital

MM had been badly beaten and suffered multiple broken bones in her face. She was also naked from the waist down.

When MM regained consciousness eight days after the incident she didn’t recognize her own mother and had no memory of the attack. In fact, about a month’s worth of memories prior to the assault were missing.  

MM remained in hospital for three months. She required surgery to reconstruct her nose and another to fix a broken eye socket.

For months MM required a wheelchair. 

Lasting effects

At the time of the attack, MM was 28 years old, living a transient lifestyle and struggling with drug addiction. She has been clean and sober since the attack, according to her mother’s testimony. 

But the effects are lifelong, the judge noted; MM lives with her mother, does not go out much because she’s bothered by noise and will not be able to work.

Justice Fradsham noted that, at the time, Udup Bang was also transient and was known to drink to excess.

Udup Bang testified he’d met MM at a birthday party and that the two exchanged messages on Snapchat  for weeks before they met up and had consensual sex.

Judge did ‘not believe’ accused

Defence lawyer Gunntas Sidhu argued that after Udup Bang and MM had consensual sex, she became the victim at another location.

“I do not believe the evidence of the accused,” said Fradsham.

Swabs taken from MM’s body eventually came back as a match to Udup Bang’s DNA. 

A wristband found beside her body also had Udup Bang’s DNA on it. 

“MM was the victim of aggravated sexual assault on July 14, 2019 at the location where police found her,” said Fradhsam.

In part, Fradhsam relied on the witnesses who testified that after hearing the screaming, they saw a man holding a limp woman, later determined to be MM.