Decide acquits BC youngsters for sexual assault primarily based on Instagram messages – Victoria Information
WARNING: This article contains graphic details of a sexual encounter.
A British Columbia judge acquitted a teenager who was charged with sexual assault earlier this month.
The case revolves around an incident that occurred on May 3, 2019, when both the teenager and the girl who accused him were 16 years old and attending the same high school. The names of all the young people involved are not known because they are minors.
Court documents contain a story that began on April 30, four days earlier, with a flood of text messages from the girl’s phone to the defendant’s phone.
“The focus of their daily Instagram conversations was on a scheduled meeting in the school’s handicapped accessible bathroom during their joint C-block class for a sexual encounter,” said Judge Patrick Chen.
However, the messages were not sent by the applicant alone – she admitted that her friends, KC and SW, would use her phone to text the defendant.
Chen questioned the complainant’s credibility. The messages exchanged between the applicant – and her friends and sister on her phone – and the defendant were sexually illustrative. The judge said the applicant’s testimony showed her “as a person with a cruel and callous disregard for people’s feelings and, more importantly, a callous disregard for honesty and truth,” while it was clear that the defendant was “in love with her.” “was.
“The complainant testified that on May 1, 2019, her sister and friends sent messages from her Instagram account to the defendants – many of them very sexually and graphically clear – because ‘they wanted to have fun with it’ and that she agreed Give them their phone to do that. Again she said, ‘I just didn’t care,’ ”said Chen.
“If the applicant’s evidence is to be believed, it would appear that she, her sister and friends all had little opinion of the defendant. Apparently none of them had good intentions towards the accused from the start. “
Around 2,000 explicit Instagram messages were exchanged, about half of which the complainant forwarded while the defendant kept them all. The complainant said she only submitted some – and deleted the rest – because they were “not relevant” to the problem.
Chen said that more than 1,000 messages were sent to the defendant in the four days, “fueling the defendant’s fantasies about the applicant and encouraging him to believe that she feels the same about him.”
Judging from the applicant’s own words, he added, “it appears that the two (the applicant and her sister) took the defendant’s infatuation with them as a joke and laughed at him behind his back.”
The applicant testified that she did not know why the defendant wanted to meet her in the handicapped accessible bathroom on May 3, only that he wanted to ask her a question and that she had not read the messages of her friends and her sister the defendant on her phone , nor his answers.
Chen said he found it “inexplicable” why the complainant on Jan.
The applicant informed the court that the defendant started kissing her and then grabbed her buttocks and the sexual encounter continued to escalate. She testified that she removed the defendant’s hand from her buttocks and told him “no”. She also said the defendant touched her chest briefly, after which she said she was “gross and scared, started crying and had a panic attack”.
The applicant said that the defendant then asked if she wanted to see his penis, which she said with “no”, but the teenager showed it to her anyway. She testified that she then left.
The defendant told the court another side of the story. According to him, “the applicant was fully involved in all sexual behavior in the bathroom”.
In his conclusion, Chen said that he “did not trust the accuracy” of the complainant’s statements.
“Apart from its implausibility, the complainant’s statement contains serious and considerable internal contradictions. I have serious concerns about the truthfulness of the complainant. In my opinion, the complainant’s evidence does not make sense. It has neither a sound of truth nor a hint of reality, ”said Chen.
“Accordingly, I do not find the accused guilty.”
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