THE ISLAND NO SEXUAL CONTACT

P.E.I. man takes the stand to deny sexual assault allegations

A P.E.I. man accused of sexually assaulting an intellectually challenged young man says he never had any sexual contact with the alleged victim.

Donald Robert Derry testified in Supreme Court Thursday saying “that is not true’’ to one claim after another of him having sexual contact with the complainant.

The alleged victim told the court Wednesday that Derry had performed oral sex on him and had him do the same to Derry. He also testified that Derry frequently touched the complainant’s penis.

A publication ban prohibits printing any details that may identify the complainant, who was described in court by his mother as operating at an intellectual level between the ages of eight and 10.

Derry told the court he had first worked as a job coach and education assistant with the complainant when the alleged victim attended school.

He testified that he was hired to work with the complainant after the individual graduated from high school to help him with life skills and to work to help find the young man a job.

Derry said the complainant was obsessed with sex and often touched himself while around Derry.

Derry testified that he repeatedly told the complainant to stop touching himself.

“He would always be diddling with himself,’’ Derry told the court.

He said the complainant would also say he was “mad at his penis".

Derry said the alleged victim complained to him about a male friend trying to kiss him and wanting to have sex with him.

Derry testified he was unable to find employment for the complainant but placed the blame on the complainant, saying he found excuses for not wanting to do one potential job after another.

He also said he had tired of working with the complainant and had planned to speak with his parents, but a meeting was never arranged.

Derry is currently unemployed and suffers from anxiety and depression, the court heard.

Defence lawyer Brendan Hubley argued in his closing summation that the Crown’s evidence lacked sufficient credibility.

He described the complainant’s testimony as “somewhat inconsistent’’ and charged him with changing his answers “on the fly without reason".

Crown attorney Lisa Goulden countered in her closing arguments that the complainant, due to his mental disability, may at times struggle with accuracy but was truthful in his testimony.

Goulden said Derry’s evidence is “not believable’’ and the evidence presented over the threeday trial taken in its entirety proves beyond a reasonable doubt that Derry is guilty of sexually assaulting the complainant.

Justice Nancy Key said she will render her decision on Nov. 20.