No rules on how to behave after sex assault: prosecutor

HALIFAX — A prosecutor told a five-man military panel Monday that suggesting sexual assault victims need to act a certain way after an assault reinforces “archaic sexual myths.”

Military prosecutor Maj. Larry Langlois made his closing argument in a court martial against a Halifax-based military policeman accused of sexually assaulting a superior officer during a Royal Canadian Navy exercise in Glasgow, Scotland.

Langlois told the panel that the woman, whose name is protected by a publication ban, told Sgt. Kevin MacIntyre no “at least 15 times” during the alleged Sept. 27, 2015, incident.

“This is a case of someone who would not take no for an answer,” said Langlois. “Someone who would not listen.”

Defence lawyer David Bright argued that the two had consensual sex and that the woman reported the incident to cover the fact that she slept with a subordinate and cheated on her husband. MacIntyre, 48, was redeployed soon after.

On Monday, Bright told the panel that the woman “doesn’t want MacIntyre there every day to remind her of her infidelity and his infidelity,” adding that the “consequences could be overwhelming for both of them.”

Photos posted on social media show the woman smiling with her team members — something that Bright said harms her credibility.

“We have photos of her apparently enjoying herself,” he said.

“She’s entitled to enjoy herself. But for God’s sake, just come forward and say you were enjoying yourself, not that you were just smiling for the camera.”

Langlois argued that the pictures don’t prove anything, saying there are “no rules” about how victims are supposed to act in the aftermath of a sexual assault.

“The defence will be grasping at straws,” Langlois told the panel. “There is no normal or typical way to behave.”

The woman testified last week that she awoke that night to find MacIntyre in her hotel bed after the navy team ate dinner at a nearby restaurant.

She said she told MacIntyre “no” and continually removed his hand from her lower extremities.

She said he eventually penetrated her, adding she eventually fell asleep and MacIntyre was still in her bed when she woke up around 6:30 a.m.

During his closing argument, Bright wondered why she fell asleep with him still in her bed after the alleged assault.

But Langlois said there are many reasons why victims might not report a sexual assault right away, including embarrassment and fear of re-traumatization.

Military judge Cdr. J.B.M. Pelletier will deliver his final instructions to the panel this week.