Warning: Some readers may find details of this story disturbing. A White City, Sask. teen recently convicted of sexual assault and assault by choking was enacting a pornographic fantasy, according to the judge presiding over the case. The assault took place in June of 2021 at a home in White City just east of Regina. The accused, who was identified only as S.S in youth court documents, was 17 and a half years old at the time — while the victim, identified in the documents as E.D, was 14-years-old. According to the Feb. 2 decision from Justice D.J. Kovatch, E.D and S.S first met several months before the incident and had several conversations via Snapchat. Both teens attended Greenall High School in Balgonie, Sask. On the day of the incident, E.D and a friend intended to go to S.S’s home to swim in his pool. After the friend cancelled, E.D was picked up by S.S and taken to his house. After an initial “awkward” conversation, the pair agreed to go swimming, the decision read. Testimony from both sides agreed that nothing happened while the pair were in the pool. However, once the swimming had finished, testimony from either side diverged drastically. E.D testified that after changing in S.S’s bedroom, the accused returned to his room where both of them sat on his bed. “She stated that at that moment, she did not feel uncomfortable or that she should leave,” the decision read. “She was quite surprised when the accused stood up in front of her and pushed her back onto the bed.” E.D stated that S.S sat on top of her and began to choke her. According to her testimony, E.D told S.S at least twice that she did not want to have sex and that she “froze in place” as he assaulted her. E.D alleges that S.S grabbed her wrists and held them above her head while he kept pushing and holding her down. After the ordeal concluded, E.D said she unfroze, got dressed, and immediately texted a friend to give her an excuse to leave. She left the home shortly after, walking until her friend picked her up. S.S alleged that after leaving the pool, going inside and getting dressed, the pair ended up in his bedroom cuddling on the bed. He testified that when he moved in to kiss E.D, she “grabbed him and started to kiss him.” He alleges what happened next was a consensual sexual encounter lasting around 40 minutes during which he placed his hand on her neck and applied pressure at times. S.S later testified that he spoke with E.D. for several minutes before she decided to leave. He claimed he offered to give her a ride, to which she said no. The sexual assault complaint was later reported to White Butte RCMP in July 2021 by E.D. In his decision, Justice Kovatch labelled the accused’s version of events as “plagiarism of a pornographic movie.” “The accused’s evidence is not only implausible, it is fantasy,” he said in his decision. “I reject the accused’s version that this 14-year-old young woman not only consented but initiated sex with someone she hardly knew. Further, I reject his evidence that she consented to and enjoyed being choked. I reject his evidence that they had a lengthy and consensual sexual encounter in various positions. Finally, I reject his evidence that having concluded this enjoyable and consensual encounter, she quickly left to be with friends and began walking ‘to nowhere.’” “In my view, the accused’s description of the incident is entirely fantastic, implausible and unbelievable,” he added. The judge also highlighted the defence’s attempts to cast doubt on E.D’s recollections. Even arguing that the complainant saying she was “frozen” during the assault was “in vogue now.” “Defence counsel suggested to her that she later decided that she had been raped. She adamantly denied that, and stated: that she didn’t decide, the decision read. “Counsel also attempted to cross-examine her about her reputation, and suggested she decided to report a rape because she was concerned about her reputation.” “All of this was also adamantly denied,” Kovatch added. In his conclusion, Justice Kovatch accepted the complainant’s evidence as fact and ruled that the Crown proved both charges beyond a reasonable doubt.
|