Whitehorse Daily Star

Complainant wasn't convinced of accused's regret

The man who is accusing a woman of raping him more than 20 years ago when he was a boy didn't believe she was truly sorry when they met and talked several months ago, says his girlfriend.

By Chuck Tobin on January 14, 2011

The man who is accusing a woman of raping him more than 20 years ago when he was a boy didn't believe she was truly sorry when they met and talked several months ago, says his girlfriend.

The girlfriend testified Thursday afternoon in a Whitehorse courtroom she was quietly tucked away in the bedroom next to the kitchen where a family meeting was being held to discuss the accusations and perhaps avoid a formal trial, in favour of a resolution through Teslin's circle court.

Nobody but the complainant knew she was there, she said.

The complainant, she told the court, wanted the woman to apologize for what he has described as continuous sexual abuse over several years, beginning when he was a young boy until he was 11 or 12.

The girlfriend said it was clearly stated during the meeting that whatever was said was not to leave the room.

At one point, everybody but the complainant and accused left the kitchen and went outside, she recalled.

The girlfriend said she heard crying, the accused say she was sexually abused as a young girl, and that she didn't want to raise her children in Teslin because she did not want the same to happen to them.

"And then she asked if (the complainant) would have it in his heart to forgive her, and then more crying.”

The identities of both the complainant and the accused are protected by a publication ban.

Yukon Supreme Court Justice Leigh Gower indicated he was sitting as both a youth court and adult court judge.

There's been no evidence indicating how old the accused was at the time of the allegations, which begin in 1984 and run through to 1990.

She is charged with seven counts of sexual abuse, ranging from forcing the boy to have sexual intercourse to oral sex and buggery when the boy stayed at her house periodically while his parents were out of town.

Asked during his testimony if he knew how old the girl was at the time of the allegations, the complainant simply replied: "She was old enough to know better, that is for f------ sure.”

The trial was adjourned Thursday afternoon because of procedural matters. No date to recommence has been set.

The accused, who is not in custody, lives in B.C. For the last two days, she has listened closely to the accusations against her with no expressions of emotion at any time.

Defence lawyer Andre Roothman had the girlfriend acknowledge during cross-examinationThursday that there were inconsistencies between what she said in her opening testimony and her statement to the RCMP on Dec. 16.

In her testimony, he pointed out, the girlfriend said she heard the accused say she did not want her children to live in Teslin.

But in his cross-examination, Roothman had her acknowledge she told the police she heard the woman say "she left Teslin with her children.”

Recalling her testimony yesterday, Roothman noted how she told the court she heard her boyfriend tell the accused when they were alone in the kitchen that he could forgive her.

But in the statement to the police last month, Roothman pointed out, she said she did not hear the complainant say anything.

"But he did talk,” the girlfriend insisted. "He did say he probably could forgive her.”

The defence lawyer also had her acknowledge while she told the court her boyfriend was being criticized in the community for pushing for a trial, she never really heard anyone confront him, but was only recalling what he told her.

In her opening testimony under questioning by Crown prosecutor Ludovic Gouaillier, the girlfriend said when everyone had left the house after the meeting, the complainant came into their bedroom shook up and sobbing.

"(He) came in and he was in tears,” she told the court. "He said he was going to take it to trial, he said she was not sorry and he was going to take it trial.”

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