Whitehorse Daily Star

Man found guilty of sexual assault

The evidence Douglas Hockley gave when he took the stand to defend himself against accusations he violently raped a woman on a Whitehorse trail two years ago was calm and confident, but it was also unbelievable, a Yukon Supreme Court judge said today.

By Justine Davidson on October 7, 2009

The evidence Douglas Hockley gave when he took the stand to defend himself against accusations he violently raped a woman on a Whitehorse trail two years ago was calm and confident, but it was also unbelievable, a Yukon Supreme Court judge said today.

The trial wrapped up on Sept. 25.

Earlier, the victim, whose identity is protected by a publication ban, had told the court she met Hockley on Sept. 30, 2007 as she was walking home along one of the trails which wind through Riverdale.

Hockley, 25, offered her a cigarette, then asked if she wanted to smoke crack with him. She declined and watched as Hockley smoked the drug from an empty beer can.

When she turned away, Hockley pushed her down from behind and raped her, she testified.

Hockley denied raping the woman. He said the sex was consensual, and that the woman let him have anal sex with her in return for an eight-ball of crack cocaine.

In his analysis of the evidence, Justice Ron Veale acknowledged there were some inconsistencies with the woman's testimony but that overall, he believed her story.

The woman said that after the attack, she walked to a nearby house for help, but another witness, the retired nurse who was at the house and called police, said the woman actually crawled up the front steps, screaming that she had been sodomized.

The nurse remembered the woman being hysterical and in shock, her face covered in blood and dirt.

The woman described her actions after the attack as being "freaked out” but said she had a clear recollection of what happened. The judge said it was likely the woman downplayed her reaction to the attack when giving evidence.

"My impression is that she gave her evidence in a very matter-of-fact way in order to maintain her composure,” the judge said of the woman's testimony.

He said the nurse's evidence was completely believable and supported the spirit, if not the letter, of the victim's testimony.

The judge said that although Hockley's own testimony was "seamless in that it explained all aspects of his story,” it was also "incredible and unreliable.”

The judge pointed to a litany of things which called Hockley's honesty into question.

He is an admitted drug dealer with a significant record of theft and probation breaches.

He told the court he lied to the RCMP when they asked him about the night in question.

He also admitted he lied during an interview with a psychiatrist, whom he requested, and said he didn't remember what happened that night and that he was controlled by demons.

What the judge did not hear during the trial is that three weeks after the attack in Riverdale, Hockley violently raped a woman in the Ibex Valley.

In that case, police were called to the scene of the crime and were able to follow the rapist's trail with a tracking dog. They found him in his parents' home along with the rubber mask he had worn during the attack.

Hockley was forced to give a DNA sample, which then connected him to the attack in Riverdale.

He pleaded guilty to the Ibex Valley rape.

A date for sentencing has not been set for either case

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