Man acquitted by Camp insists he is innocent

Accused in ‘keep your knees together’ case claims woman had sex willingly

Caution: This story contains graphic content that may offend some readers

The man accused of sexual assault in a case that landed a judge in hot water for his comments graphically denied wrongdoing Tuesday.

Alexander Scott Wagar took the stand in his own defence after his accuser underwent a withering cross examination.

He testified that the woman stayed behind with him after others had left the bathroom of a northwest basement suite and willingly had sex with him.

“She grabbed my penis and complimented the size of it,” he told court. “She never told me no ... she never said ‘stop’ or ‘you’re hurting me.’ ”

The encounter happened during a drunken party on Dec. 13, 2011. Wagar testified the alleged victim began coming on to him when they danced earlier in the evening.

But after what he called consensual sex, he said the woman, then 19, became angry at seeing him sitting with another female.

“Her mouth was agape — she left the room right away,” he told court.

Wagar said he was stunned to later hear from a friend that she was accusing him of sexual assault, and chalked it up to her seeking revenge — partly due to insults his brother had hurled at her.

In the initial trial that acquitted Wagar, Judge Robin Camp — who was later promoted to the federal bench — questioned why the complainant “couldn’t just keep her knees together” and why she didn’t “sink your bottom into the basin so he couldn’t penetrate you.”

He also repeatedly referred to her as “the accused.”

Partly because of the comments, the acquittal was overturned last year and a retrial began Monday.

In September, Camp — who apologized for his comments — underwent hearings and could be dismissed from the federal bench by the Canadian Judicial Council.

Earlier Tuesday, the unidentified woman was challenged relentlessly by the accused’s lawyer. Pat Flynn insisted the woman was a willing participant, even suggesting she was attracted by Wagar’s penis, which he’d exposed earlier.

The woman said she was not, and was attracted to women, not men.

Flynn suggested the woman was simply angry knowing Wagar had sex with a female she was attracted to, and feared for her reputation.

“You felt hurt, you felt embarrassed and that you’re going to get back at him,” he said. “No,” she replied. Flynn said the woman opted for a sexual assault story after Wagar’s brother began badmouthing her.

“I was sexually assaulted,” the woman said.

Provincial Court Judge Jerry LeGrandeur frequently challenged Flynn’s line of questioning, at several points seeming exasperated with repetitious questioning that was often sexually graphic. “So that’s just a delay and a waste of time, and it’s on you,” he said at one point to Flynn.

Wagar is expected to take the stand on Wednesday.