Teen says he restrained friend’s arm out of fear, sex assault trial told

TORONTO • A teen on trial for sexual assault told a court Thursday that he held down a friend’s arm during a locker-room attack at school out of fear he’d be targeted if he didn’t join in.

The teen has been accused in two sexual assaults that occurred at St. Michael’s College School in the fall of 2018. Charges related to one of the incidents were withdrawn Thursday before the teen took the stand in his own defence.

The teen said the situation inside the locker-room at the all-boys Catholic school in Toronto was chaotic during an incident in November 2018.

Many players were yelling at him to hold down the victim, he said.

“I just did what the mob of people were telling me to do, and when they’re done I’ll be fine,” the testifying teen said of his mindset at the time.

“If I helped (the victim), then it’s just me and him versus the whole football team … and either way we’re going to lose, so felt I had to save myself.”

He said two others held down the victim’s other arm and lower body, adding that he apologized to his friend after the incident.

The teen pleaded not guilty to two counts each of gang sexual assault, sexual assault with a weapon and assault with a weapon in connection with incidents involving two different victims that took place in October and November 2018.

The charges related to the October incident — one count each of gang sexual assault, sexual assault with a weapon and assault with a weapon — were withdrawn Thursday after the judge found there was not enough evidence to proceed.

The decision came after the defence filed an application for a directed verdict on those charges, noting the victim in the October incident told police the accused teen was not involved.

The Crown argued the victim in that incident could only identify three of his four attackers, and another witness placed the accused teen in the locker-room at the time. But that witness left before the incident occurred, court heard.

“What the Crown has drawn is not a reasonable inference, it is speculation,” Justice Manjusha Pawagi said in her ruling.

No minors involved in the proceedings can be named due to provisions in the Youth Criminal Justice Act.