Sex attack lies end in house arrest

Sex attack lies end in house arrest
KEVIN MARTIN, QMI Agency

CALGARY - Falsely claiming she had been abducted and sexually assaulted to cover up stealing cash from her employer will mean house arrest for an Edmonton woman.

Provincial court Judge Anne Brown on Tuesday rejected a Crown call to sentence Fatima Birhan to time behind bars, saying a community-based term would not endanger the public.

But Brown had harsh words for Birhan, saying if the former Calgary resident hadn't turned her life around and dealt with her gambling addiction, she'd likely be off to jail.

The judge said crimes of public mischief like Birhan's can result in people being wrongly jailed for offences that were never committed.

"Cases of mistaken identity result in people being behind bars ... wrongfully for years, so it's a dangerous game, even if you're making it up entirely," Brown told Birhan.

"It's not outside the realm of possibility that people could've been arrested for this very serious offence."

On Oct. 28, 2007, police were called to a southwest Calgary Esso station to investigate a report of a woman being abducted.

Birhan, 41, said she had been forced by two men into a car, had a knife held to her throat, was groped and forced to perform a sexual act before she was robbed of her purse with $1,200 in it.

Although she refused medical treatment, she had some injuries to back up her claim, the judge noted.

But as the police investigation progressed, officers uncovered video of Birhan playing VLTs at the time she said she had been abducted.

"The reason for the fabrication of this report was to cover $1,200 taken from her employer and gambled away," Brown said.

The judge noted Birhan gave police detailed descriptions of the purported suspects, and cops issued a media release and were in the process of doing a Crime Stoppers video on the crime when her ruse was discovered.

Brown said Birhan must spend three months under house arrest, another three abiding by a curfew, before serving six months of probation.

During that time she must attend for assessment and counselling in areas of gambling addiction, self-esteem issues and financial, budget and debt management.

Brown also noted Birhan spent 30 days behind bars, which she equated to a two-month jail term.