Whitehorse Daily Star

Accused's lawyer quizzes complainant

A man who says he was sexually abused as a child for the better part of five years by a former Teslin woman testified Wednesday that though he may not have all the dates right, he is certain he was abused.

By Stephanie Waddell on January 13, 2011

A man who says he was sexually abused as a child for the better part of five years by a former Teslin woman testified Wednesday that though he may not have all the dates right, he is certain he was abused.

"I'm trying to answer honestly,” he told Janet Bolton's lawyer, Andre Roothman, under cross-examination as Roothman grilled him about the dates he claims Bolton sexually abused him.

Bolton is facing seven charges dating back to the 1980s, ranging from sexual assault to buggery to invitation to sexual touching and sexual interference.

Yukon Supreme Court Justice Leigh Gower is hearing the case.

On Wednesday morning, the man, whose identity is protected by a publication ban, testified the sexual abuse started when he was about six or seven.

It progressed to intercourse as he got older, he told the court, with the last incidence happening when he was about 11 or 12.

He was cross-examined all of Wednesday afternoon, with Roothman focusing much of his questioning on specific dates and details.

Unable to place her age at the time it happened, the man told the court: "She was old enough to know better, that's for f------ sure.”

He was asked to describe the curtains in a room where the abuse allegedly happened, and was questioned about what Bolton's nighgown looked like.

"The colour of a nightgown really doesn't stick with you; it's what's happening to you (that does),” the man told Roothman.

He was later able to describe her nightgowns as "a shirt, almost” that would be pulled up past her waist when there was intercourse or oral sex.

The man, could also not attest to whether Bolton was a virgin, commenting he knows he was before he knew her.

In some instances, he was unsure whether there was vaginal or anal intercourse. He was only able to state he was behind her, and she would guide his penis in.

The lawyer ended his cross-examination by suggesting Bolton wasn't in the same community as the man during the years he says the abuse happened.

Bolton had homes in Whitehorse, Lake Laberge and then Alberta at the times he specified, the lawyer said.

As Roothman questioned the man's response to his client's claims of where she was during those years, the man repeatedly told the court: "I have no knowledge of that.”

Roothman questioned the man's response, noting his client would likely testify that during her time in Alberta she didn't return to the Yukon until the court proceedings had begun.

"She's going to say what she has to say,” the man said.

Roothman raised the man's criminal record, which includes convictions from the mid to late 1990s for robbery, theft under $5,000, assaults and failing to comply with a recognizance.

Given his client's expected evidence, the lawyer asked if the man still stands by the accusations.

The man, now in his 30s, confirmed he did with a "yes.”

The trial resumed this morning.

Testifying this morning was another member of the family who spoke of learning of the charges through the court docket in Teslin.

There was little discussion on the matter between herself and Bolton or with the complainant.

She spoke of the family reunion that happened when Bolton was back in town for the first court appearance.

She noted that at one point, they left Bolton and the complainant alone to talk. She did not, however, know what was said between the two.

She also told the court she remembers going to the clan chief on the matter.

The chief suggested it be dealt with in a more traditional way, through an option like circle court, with herself and other members suggesting to the complainant that it be dealt with through such an alternative.

As she spoke of the impact on herself and other members of the family, she broke down, noting she doesn't normally talk about it or make it public.

It's split the family apart and "it hurts,” she said before taking a minute to grab a tissue and take a drink of water.

"I'm sorry,” she said.

Questioned by Roothman about whether she's chosen a side in the matter, she shook her head in reply.

"I love my family,” she said.

Comments (2)

Up 0 Down 0

Francis on Jan 14, 2011 at 5:44 am

To Mark.......... Do you know what the home situaion was? Do you know if he had parents that cared? No you have no idea what the persons life was growing up. As a young girl I was abused by a man in many similar ways as the complainant. I was abused when I was 7 years old in the same community and did not press charges till I was 18 years old. Until the court case was over my life did not begin. Think about it maybe The complainant needs to tell his story for his life to move on. Face your fears that has something to do with it.Speaking up and telling what happened to you even if it is almost 20 years later is the right thing to do. Was he to not tell his story at all? Was he to keep it a secret? Stay strong and you can get through this.

Up 0 Down 0

Mark on Jan 13, 2011 at 9:53 am

i have always wondered why it takes 15+ years to take these charges to court.

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