Guilty verdict
Judge finds Paul Wilfred Manning guilty of five sex offences involving a girl younger than 16
A provincial court judge found a P.E.I. man guilty Thursday of five offences, including sexually assaulting a girl who was younger than 16.
In finding Paul Wilfred Manning guilty, Chief Judge Nancy Orr said she found the girl to be a credible witness. Manning appeared before Orr in provincial court in Georgetown Thursday for her decision after a trial that was spread out over several days since March. Orr found Manning guilty of touching someone younger than 16 for a sexual purpose, exposing his genitals to someone younger than 16 for a sexual purpose and two counts of sexual assault.
She also found him guilty of invitation to sexual touching. Orr found Manning not guilty on one count of exposing his genitals, which she said was covered by one of the other counts for which she found him guilty.
The victim testified during the trial.
As well, video statements she gave to police were played in court detailing what she said Manning did to her during several incidents.
It took Orr more than an hour to read her decision, and the victim’s mother cried as she sat in the courtroom listening to the judge’s reasons for the guilty verdicts.
In giving her decision, Orr addressed issues around assessing the reliability and credibility of testimony from children. Orr
said the standards used to assess adult testimony don’t apply to children. “Children are not short adults,” she said.
Despite a few inconsistencies the defence pointed out in the victim’s version of events, those inconsistencies weren’t significant, Orr said.
The victim was clear in answering concrete questions, Orr said, and there was no evidence the girl was someone who lied often or made up stories. Orr also addressed what she said were myths about how a person who was sexually assaulted would act.
During the trial, the defence noted there was no change in the girl’s behaviour that would
indicate she was a victim. Orr said assumptions can’t be made that changes in their behaviour indicate a person was abused or that no changes mean they weren’t a victim. “These are myths and they are to be avoided,” Orr said.
Manning sat still in his chair and showed little emotion as Orr read her decision. Once the case was adjourned for the day he covered his face with his head in his hands and cried.
Orr adjourned the matter until July 20 for sentencing to give time for the preparation of a pre-sentence report. A publication ban prevents the release of any details that could identify the victim.