Accused’s ‘image management’ telling: Crown

Defence lawyer says man’s admissions ‘to his credit’ while prosecution highlights bruising in sex assault case

A South Okanagan man is awaiting a judge’s decision on a charge of sexual assault, after conceding to the simple assault and confinement of a Princeton woman in his testimony at trial.

The 35-year-old man cannot be identified under a publication ban protecting the identity of the complainant. His trial began Tuesday and concluded Thursday with closing arguments in B.C. Supreme Court in Penticton.

Defence counsel James Pennington quickly abandoned arguments for the charges of simple assault and unlawful confinement due to his client’s own admissions.

“That evidence comes directly from (the accused) — I think to his credit,” Pennington said.

Pennington instead focused his arguments on the single count of sexual assault.

At trial, the accused said the cocaine-fuelled “bickering match” in the early morning hours of Nov. 11, 2016, did get physical, causing injuries to the 26-year-old female, including bruising around her head and a tooth penetrating her lip.

The accused’s version of events “should be preferred because of the admissions against his own self-interest from his testimony,” said Pennington.

Crown counsel Nashina Devji in her closing arguments described those admissions as “minimized and watered down.”

The accused “engages in something that I call ‘image management,’ which is that he continues to place blame on (the complainant), he minimizes his bad behaviour and provides justifications for his actions,” Devji said. The accused said the sex was consensual. Devji also highlighted what she called a “particularly telling” injury to the complainant’s inner thigh.

Marcey Kindel, team lead of the sexual assault response team at Penticton Regional Hospital, testified Wednesday to the examination she conducted on the complainant a day after the alleged sexual assault.

She said five bruises to the complainant’s left inner thigh would be consistent with someone pulling her leg open.

“It’s a very protected area and so finding injuries in that area is uncommon for everyday injury,” Kindel said.

Devji also pointed to the texts exchanged prior to meeting. One in particular from the accused says, “I’m not going to touch you.”

The complainant “made it abundantly clear she was not prepared to give him anything for bringing the drugs to her. It was simply a favour,” Devji said.

Justice Nathan Smith noted “all of that was before everyone was under the influence of drugs and alcohol.”

According to the accused’s testimony, he and the complainant split about six grams of cocaine that evening prior to the alleged sexual assault.

“What information we have about the consent is that up until 11 p.m. it appears that she is saying, by text message, she is not consenting,” Devji said.

Smith said that due to the serious nature of the charge he would reserve his decision, with a date to be set in May.