Judge is­sues con­vic­tion to Glace Bay man on sex­ual as­sault

Cape Breton Post - - CAPE BRETON - BY CAPE BRE­TON POST STAFF news@cb­post.com

A Glace Bay man was found guilty Thurs­day of sex­ual as­sault af­ter the judge de­scribed his ex­pla­na­tion of what oc­curred between him and a young girl as “not plau­si­ble” and “pre­pos­ter­ous.”

Pro­vin­cial court Judge Ann Marie MacInnes has now sched­uled sen­tenc­ing for Wil­liam James Mac­Don­ald, 44, of Dre­wary Park, on April 13.

Mac­Don­ald was con­victed of a sex­ual as­sault which oc­curred between April and Oc­to­ber 2015 and in­volved a girl un­der the age of 16. A sec­ond count of sex­ual touch­ing was stayed.

In her de­ci­sion de­liv­ered Thurs­day af­ter pre­vi­ously hear­ing ev­i­dence in a trial, MacInnes re­ferred to a state­ment Mac­Don­ald gave po­lice in Jan­uary 2016. He did not tes­tify at the trial.

In the state­ment, Mac­Don­ald claims he was the sub­ject of un­wanted sex­ual touch­ing by the girl, claim­ing she had touched his pe­nis (over his clothes), dis­cussed with him sex­ual acts she had per­formed with boyfriends, and tried to re­move a towel off him af­ter he had taken a shower.

“I do not be­lieve the ev­i­dence pre­sented in Mr. Mac­Don­ald’s state­ment. It is just not plau­si­ble,” said the judge.

Mac­Don­ald said he never raised his con­cerns with any­one prior be­cause he feared it would be turned against him. He raised other con­cerns he had with the girl with oth­ers but never men­tioned any­thing in a sex­ual con­text.

MacInnes said Mac­Don­ald only raised the con­cern when the child dis­closed his sex­ual ad­vances, adding that his ex­pla­na­tion was pre­pos­ter­ous.

The trial heard tes­ti­mony from sev­eral wit­nesses re­port­ing that Mac­Don­ald and the girl would fre­quently en­gage in rough­hous­ing.

The vic­tim tes­ti­fied that while it was con­sen­sual, it did turn into some­thing sex­ual as Mac­Don­ald be­gan slip­ping his hands un­der her clothing and touch­ing her breasts and vagina.

There was one in­ci­dent dur­ing which the girl said Mac­Don­ald pushed her onto a bed and got on top of her and that she could feel his erect pe­nis as he pushed him­self against her gen­i­tal area.

It was dur­ing that in­ci­dent that she said Mac­Don­ald bit her on the neck and whis­pered in her ear that he would de­stroy her.

Re­luc­tant to tell any­one what was hap­pen­ing, the girl did tell some close friends be­fore fi­nally mak­ing a dis­clo­sure to a fam­ily mem­ber.

Mac­Don­ald con­tin­ues to be on re­mand pend­ing sen­tenc­ing.

Newspapers in English

Newspapers from Canada

© PressReader. All rights reserved.