Alleged comment of woman who says she was gang-raped admitted as evidence
A suggestive comment attributed to a woman who alleges she was gang raped at a Halifax-area military base was admitted as evidence Tuesday in Nova Scotia Supreme Court, as the high-profile trial for a 38-year-old British sailor drew to a close.
Justice Patrick Duncan said the comment, regarding her decision to “sleep with” a sailor at 12 Wing Shearwater, could only be used to assess the woman’s credibility and not whether she was consenting to group sex.
The woman had earlier testified she went to sleep next to British sailor Simon Radford on April 10, 2015, and later awoke face down and naked as at least three men sexually assaulted her.
The complainant, whose name is protected by a publication ban, said she went in and out of consciousness three times, but recognized the voice of at least one sailor: Darren Smalley.
“I didn’t know what the hell was going on ... I was in shock,” the woman told the judge-only trial last month.
When asked if she had consented to sexual activity with Smalley or anyone else, she said: “There was none ... I would not have consented.”
The British sailor is charged with sexual assault causing bodily harm and participating in a sexual assault involving one or more people.
Smalley was part of a Royal Navy hockey team that was in Halifax to compete in a tournament.
The complainant was at the Warrior Block barracks on the night in question because her friend had invited her on a double date after meeting a British sailor on Tinder, an online dating site.
Earlier this week, a British petty officer testified he overheard the woman tell her friend that she was going to “sleep with” Radford, but the Crown objected to the comment being allowed as evidence.
The petty officer, Paul Hoskins, told the court he was walking back from the barracks bathroom when he heard the complainant speaking.
“I heard (the complainant) saying that she was going to sleep with Simon (Radford) and that (her friend) was going to sleep with (another sailor),” Hoskins told the court via video link.