Rape case heading to trial
Judge refused to accept man’s guilty pleas
A Sudbury man who was ready to plead guilty to raping a teen is now heading to a trial.
Kevin Boyle had trial dates of Oct. 21-25 set in Superior Court assignment court Tuesday. Jury selection will occur Oct. 15.
The trial date setting followed a judicial pre-trial meeting held April 16. A judicial pre-trial meeting is a closed-door meeting involving a judge, defence lawyer and Crown representative to discuss issues in a case.
Boyle was looking at a 25-anda-half month, time-served sentence in mid-January after pleading guilty to sexual assault and breach of probation concerning the alleged rape of an unconscious woman in the city in August 2017.
However, during his rambling, 10-minute statement to the court on Jan. 14, Boyle indicated that while he believed he had consent from the teen, he was doing the morally right thing by pleading guilty and sparing the woman from having to testify before a jury.
Superior Court Justice Dan Cornell promptly indicated he would have no part of Boyle’s guilty pleas and consequently struck them, even though the accused asked the judge not to do so.
“I don’t want (the victim) to go through this again,” he told the judge. “I want to be found guilty and get whatever punishment. I don’t want her to come here. I’m guilty.”
Cornell would not budge from his view, pointing out that when he accepts a guilty plea, it has to be unequivocal.
“We don’t deal with morality in this courtroom: we deal with legal guilt,” said the judge. “(The statement) made it clear there were one or two defences.”
Boyle, 43, was charged in an alleged sexual assault on a female teen he knew Aug. 25, 2017. He had been set to start a judge and jury trial on Jan. 14, but the alleged victim in the case was not prepared to testify, leaving the Crown to rely on transcripts from the preliminary hearing and video statements made to Greater Sudbury Police.
That led to Boyle entering his two pleas of guilt and a joint sentencing submission from the Crown and defence.
Since Boyle had been in custody for about 17 months, he would have received pre-custody credit of 25-and-a-half months. Boyle was also looking at a DNA order, two-year probation order, a lifetime registration on the national sex offenders’ registry, and a 10year weapons ban.
“I was wrong and I’m sorry,” Boyle said in his statement. “My desire outweighed my perception … My judgment faltered. I lowered my guard and my heart is filled with shame … I have nothing but regret and remorse for my actions.”
At the time of the alleged sexual assault, Boyle was on a probation order. He was arrested on Aug. 26, 2017, and has remained in custody since.
In July 2013, Boyle received a four-and-a-half year penitentiary term concerning a sexual assault on a female teen in Hanmer in September of 2012. Boyle was convicted of sexual assault, threatening death, and using his hands to choke an 18-year-old female he had given a ride to Hanmer on Sept. 13, 2012.
Boyle, then 36, was also given a lifetime weapons ban, ordered to provide a genetic sample to the National DNA databank, and was to be registered with the national sex offenders’ registry.
Boyle, who has an extensive criminal record dating back to when he was a youth, was denied bail in the fall of 2012 and then again at a bail review hearing. Boyle’s record includes robbery and weapons convictions.