Whitehorse Daily Star

Ex-cadet committed sexual assault, court rules

A former cadet was found guilty Wednesday of committing sexual assault on a fellow cadet at a Whitehorse camp.

By Amy Kenny on July 22, 2016

A former cadet was found guilty Wednesday of committing sexual assault on a fellow cadet at a Whitehorse camp.

Last summer, the defendant and the complainant were staff cadets at the cadet camp on Fireweed Drive in the Mary Lake subdivision.

The names of both are covered by a publication ban.

Last week in youth court, the complainant testified he had returned from a night shift at around 3 a.m. when the defendant approached his bunk, looking for a friend.

The defendant then lied down in bed beside the complainant and asked if he wanted to play a game called awkward, the point of which is to win by doing something that gets the other player to say “awkward.”

The complainant said he didn’t want to play.

The defendant then touched the complainant’s groin over his pants before reaching into the complainant’s pants and masturbating him.

During trial, the complainant testified that when the defendant touched him, he asked if the complainant felt awkward.

The complainant said that, each time, he responded, “yes, awkward” and, each time, asked the defendant to stop.

The defendant said he would if he could give the complainant a blow job.

The complainant testified he didn’t consent to this, but the defendant removed the complainant’s pants and gave him a blow job for 10 seconds.

The defendant then asked the complainant to pinky promise not to tell anyone.

While giving his decision on Wednesday, Judge Donald Luther said that he found the complainant to be “forthright” and “mostly honest” in his testimony.

Judge Luther said that any discrepancies in testimony (including the location of the complainant’s disclosure to another cadet, and the position of the defendant during the blow job) didn’t harm the complainant’s credibility.

He said that while he found the defendant to be the aggressor in the case, he found the complainant foolish to have allowed the defendant to lie in his bed at that hour, and foolish to have allowed the defendant to persuade him to play the game.

Judge Luther said that, up to that point, he found there was consent.

“But things changed,” he said, citing the complainant’s testimony that the defendant begged the complainant to accompany him to the bathroom for, presumably, further sexual activity.

At that point, Judge Luther said, the complainant was “clearly no longer consenting.”

“In my opinion, there was an indirect threat implied when the defendant said, ‘I’ll stop if I can give you a blow job for 30 seconds.’”

“There was no consent for this act of fellatio,” he said, finding the defendant guilty of sexual assault.

Sentencing will take place on August.

Be the first to comment

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.