Judge issues conviction to Glace Bay man on sexual assault
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.