THUNDER BAY - A leader in a youth organization in Thunder Bay who met with youth outside of organized events has been found guilty of sexual assault and sexual interference from two incidents that took place in 2019.
Justice Danalyn MacKinnon delivered her verdict in a Thunder Bay Courtroom on Friday before the accused who was 19-years-old at the time of the offence in 2019. The accused was charged by the Thunder Bay Police Service in November 2020.
A publication ban is in place to protect the identity of the single complainant, which Justice MacKinnon said applies to all the parties involved.
Evidence was given during the trial from the complainant’s mother, a second youth who was present at the time of one of the incidents, the complainant, and the accused.
The incidents took place between July 1, 2019 and Aug. 31, 2019. The first incident occurred in July when the accused invited the 12-year-old complainant and the second youth, who were members of the youth organization, to go swimming and see a movie. After, the three went to Marina Park where they played a game of truth or dare on a sailboat.
The complainant testified that during the game, she was dared to do things of a sexual nature. The second youth testified that he could not recall these dares but did say the accused pulled him aside during the game and told him to dare the complainant to have intercourse with the accused.
The complainant was dared and left alone in the boat with the accused and was sexually assaulted while the second youth waited outside.
A second incident that took place in August occurred when the accused invited the complainant to his house to go swimming and watch a movie. They were the only ones at the house and the complainant testified that the accused asked to have sex with her and she said no. He then took her to his parent’s bedroom where she was sexually assaulted.
During both incidents, the accused testified that she felt pressured and was afraid. She did not tell her mother about the incidents until October 2020.
“She repeated a number of times during her evidence that she felt pressured to do what she did and couldn’t tell her mother,” Justice MacKinnon said in her ruling.
The complainants' mother testified that she noticed a change in her daughter after the July incident and that she was no longer interested in the youth organization.
“She said her daughter could not tell her because she was full of shame and embarrassment,” Justice MacKinnon said in her ruling. “She never thought of this scenario occurring and says she missed the signs.”
The accused was a member of the youth organization for seven years and was the youngest among the leaders.
Testifying in his own defense, the accused said he saw himself as more of a best friend to the youth in the organization and even though there was a rule not to meet with youth outside of events, he said everyone did it.
“The accused recognized no boundaries between himself and the children he chose to hang out with,” Justice MacKinnon said. “He did not see that he should have had the role of the adult.”
He also testified that the game of truth or dare did not include anything sexual and if that had, he would have put a stop to it.
Justice MacKinnon acknowledged that there were some inconsistencies and gaps between the evidence presented by the complainant and the second youth involving the incident on the boat.
The complainant said they were consuming alcohol on the boat but the second youth did not recall anyone drinking. The second youth also did not bring up any other dares involving sexual acts.
However, it was the testimony of the accused that Justice MacKinnon took the most issue with, such as his failure to recall where everyone slept on the boat that night, with the complainant saying she slept with the accused in the same bed.
Furthermore, his testimony of the incident at his house also contained inconsistencies and Justice MacKinnon said he was very evasive when answering questions, while the complainants' evidence provided many details, including a description of the parent’s bedroom.
“The evidence of [the accused] doesn’t raise a reasonable doubt in my mind or the evidence as a whole,” Justice MacKinnon said. “While there were some inconsistencies and gaps, the evidence has been proven by the Crown beyond a reasonable doubt.”
Justice MacKinnon said there was no issue with respect to proving consent because the complainant was not able to give valid consent due to her age. The accused was found guilty of sexual assault and sexual interference.
A pre-sentence report has been ordered and sentencing will take place on April 11, 2022.
