The victim of a sexual assault says she fears for her safety now that charges have been stayed against two of her alleged attackers. (CBC)

A rape victim is outraged that a judge has dismissed charges against two alleged attackers because it's taken more than five years for the case to reach trial.

"I [am] just worried ... if I had to run into them again," said the woman, who was a minor when she was attacked by several males.

"It put her in a state of shock. It traumatized her," the victim's mother said of the decision, adding she and her daughter felt "very, very helpless. You just don't know in an incident like this where to turn."

The Calgary woman was 15 when she was sexually assaulted by at least two men at a southeast house party in October 2004.

'The delay of 38 months in bringing it to trial is striking.'— Justice P.J. McIntyre

Police found the victim unconscious and naked from the waist down in an Erin Woods home. She was taken to the hospital, but doesn't remember details of the attack.

"When I woke, I was bleeding on my face — like my nose, my mouth. My neck was very bruised," the woman, now 20, told CBC News this week.

Four men were eventually arrested and charged.

Crown to blame for delay

Amir Nawaz, 28 at the time, and another man who cannot be identified under law because he was 15 at the time of the attack were convicted of sexual assault. Nawaz was sentenced to 30 months in prison, while the youth got 27 months.

Two other men, Wesley Keane Sinclair and Kulwinder Singh Rajasansi, were charged with sexual assault. But a judge stayed those charges on Nov. 19 because it has taken too long to bring them to trial.

"The delay of 38 months in bringing it to trial is striking," Court of Queen's Bench Justice P.J. McIntyre wrote in his decision, referring to the time that has passed since charges were laid.

The judge pointed out that "critical evidence" from a 2004 lab report was not disclosed for 4½ years and the defence's repeated requests for disclosure of evidence were not met.

But "the delay is almost entirely attributable to the Crown," the judge said. "It is in large part unexplained and unjustified."

Detective 'acted lackadaisically'

The judge also cited the police detective assigned in the case for some of the delays, noting the Crown had to ask him for reports four times before receiving them.

"It's difficult to understand why [the detective] acted lackadaisically," McIntyre said.

Staff Sgt. Curtis Olson of the Calgary police sex crimes unit said the force is concerned about the outcome of this case.

"We have dedicated some resources to identifying what did take place within our court decision," he said. "[We're] working with our Crown prosecutors as well to make sure that whatever did transpire does not occur again."

The Crown prosecutor's office said it's reviewing the case and is considering an appeal.

"Our thoughts and our deepest sympathies go out to the victim and her family. We're sure this is terrible disappointment for them and one that doesn't happen very often," said Kim Misik, a spokeswoman for Alberta Justice.

With files from Tara Fedun