Lawyer questions decisions

Young woman asked about kissing British sailor before alleged sex assault

A defence lawyer questioned a young Halifax woman Tuesday about her decision to sleep in a room with four British sailors in the barracks of a military base.

The complainant confirmed under cross-examination by defence lawyer Ian Hutchison that she felt fearful at 12 Wing Shearwater near Halifax on April 9, 2015, after she lost her friend when they returned to the barracks from a beer run.

She reiterated that despite feeling uncomfortable staying the night, she did not leave the barracks because she did not want to abandon her friend there.

The young woman has testified in Nova Scotia Supreme Court that she decided to sleep in the room with four men next to a sailor because she had been hanging out there earlier, and it was the only room that was familiar to her.

She has told the court she gave the sailor sleeping next to her a goodnight kiss, as if to say “thank you’’ for letting her sleep there, and when she awoke at least three men were performing sex acts on her.

Hutchison appeared to suggest Tuesday that she could have slept in the hallway of the barracks, the lobby, or on the floor of barracks room rather than in the bed.

“There was nothing stopping to you from sleeping in the hallway?’’ the lawyer asked.

The complainant responded: “There’s 22 men who could attack me in the hallway,’’ likely referring to the number of men on the Royal Navy hockey team, who were in the Halifax area for a tournament.

As the lawyer persisted with this line of questioning, the complainant became emotional.

“You’re not going to feel safe no matter what you do. You’re surrounded by a group of men. You’re terrified. You’re doing everything you can to make the best of an absolutely crappy situation,’’ said the woman, whose identity is protected by a publication ban.

“There’s dudes no matter where you go. There is not going to be anyone you know no matter where you go... If you’re in a barrack room with four men, stupid me thought I had some sense of security.’’

“I thought if I was going get raped it would be by one guy.’’

Darren Smalley, 38, is charged with sexual assault causing bodily harm and participating in a sexual assault involving one or more people at 12 Wing Shearwater. The complainant was at the barracks on the night in question because her friend had invited her on a double date after meeting a British sailor on Tinder.

Hutchison also quizzed the woman about the kiss she gave the man in bed next to her, and suggested it was in fact “more than just a goodnight kiss.’’