Judge rules sex wasn’t unlawful
Having sex with his wife’s good friend in their basement while his spouse slept upstairs wasn’t a crime, a judge ruled Friday. Justice Sandra Hunt McDonald accepted the Cochrane man’s claim the repeated sexual encounters he had with the friend and downstairs tenant were consensual.
The Calgary Court of Queen’s Bench judge rejected the complainant’s claim the accused raped her on four separate occasions on the morning of June 22, 2012, while his common-law wife was sleeping.
“I do not find her version of events credible,” Hunt McDonald said, in agreeing with defence counsel Andrea Urquhart there were multiple inconsistencies in the woman’s testimony.
The complainant, who cannot be identified, testified that the Accused raped her four times during the night after first coming down to her room to borrow a cigarette.
But Hunt McDonald noted the alleged victim never screamed for help, used her cellphone to call 911, or fled the residence. “She never attempted to leave the house between sexual episodes, or attempt to call anyone on her cellphone, or get up and drive away,” the judge said.
“It was my impression she was making up some facts as her testimony progress,” Hunt McDonald said.
“I find the complainant’s testimony implausible. It was inconsistent on many key factors.”
On the other hand, the judge said, the accused’s admission he had an affair with his then common-law wife’s close friend rang truthful.
“I believe the accused did not commit a sexual assault on the complainant,” Hunt-McDonald said.
Kevin Martin, The Calgary Sun
February 21 2015