Judge criticizes defence lawyer for sexual-assault case arguments

Saying his submissions were “replete with discredited reasoning,” a Calgary judge has blasted a defence lawyer for his arguments in a sexual assault case.

In a written ruling posted online, provincial court Judge Heather Lamoureux rejected the arguments made by lawyer Uzo Aghaegbuna on behalf of his client.

“The defence submissions are reliant on myths and stereotypes which have been rejected by all courts in Canada,” Lamoureux said.

In her decision, Lamoureux noted Aghaegbuna argued his client, Stephen Asimiakwini, had a mistaken belief the woman he had sex with had consented.

“The defence submitted that the accused was entitled to think, in the absence of protest by the complainant, that consent was given,” the judge said.

“Defence submitted that as a result of the complainant kissing the accused at the dance club that this act was consistent with subsequent consent to sexual intercourse,” she said.

“The defence submitted that the complainant ‘had all the time in the world’ to leave the residence of the accused.

The woman, who testified she told Asimiakwini she was not interested in having sex with men, reluctantly agreed to sleep at his home on Aug. 3, 2015.

She said she was asleep on the couch when Asimiakwini brought her a blanket and then forced himself on her.

In finding him guilty of sexual assault, the judge agreed with Crown prosecutor Pam McCluskey that Asimiakwini’s versions of events wasn’t believable.

Aghaegbuna declined to comment on the judge’s ruling because the case is still before the courts.