Woman denies fabricating sex assault
Testifies that the accusation wasn’t prompted by possible ‘embarrassing’ images of her
A woman testifying in Ontario Superior Court of Justice has denied making up sexual assault allegations as a preemptive move in case embarrassing images of her are ever posted on the internet. Defence lawyer Zachary Kerbel made the suggestion during crossexamination of the now 22-year-old woman, who alleges Patrick Walsh forced her to have sex and then livestreamed her naked and throwing up in a bathroom.
Walsh, 22, has pleaded not guilty to sexual assault and publishing an intimate image without consent.
“You’ve made and persisted in your allegation of forced oral and vaginal sex to take the sting out of the embarrassment you feel (if ) a screenshot or video of you in the bathroom that night made its way onto the internet,” Kerbel told the witness Monday.
“Absolutely not,” replied the university student.
But she agreed it would be “extremely embarrassing,” and disturbing if the images exist — no evidence has been entered at the trial that they do — and surfaced online.
She has testified she saw and heard Walsh using the iPhone FaceTime app to share her ordeal with laughing friends.
“You’re worried that a photo or video of you from that night has or may one day make its way onto the internet, aren’t you?” asked Kerbel.
“It used to be a concern and it definitely is a concern, in a way, but now I realize that would be more embar- rassing for the person who shares it because I think it speaks to their character,” she responded.
The witness, whose identity is protected by a publication ban, rejected most of Kerbel’s account of what happened the evening of May 12 and 13, 2016, after she and Walsh left a downtown pub and went to his mother’s condo.
The witness testified last week that she was perfectly fine when the two were kissing, but became increasingly uncomfortable as he became more aggressive and ordered him to stop when he started penetrating her.
Kerbel offered another perspective.
“You pushed him back on the bed with one hand,” the lawyer said.
“No,” she answered, but agreed that she removed her clothes.
“He took off his pants and shirt, you took off his underwear ... while he arched his body to allow you to do that,” Kerbel said.
She disagreed with that, along with his suggestion that she willingly performed oral sex. “Consensually, no,” she said. “He asked if you should get a condom, and you didn’t respond (and) you put your hand behind his neck and pulled him towards you,” Kerbel stated.
She denied both things happened. Her evidence is that when Walsh began to penetrate her, she told him “four or five” times to stop.
Kerbel, however, said while their genitals touched, there wasn’t penetration.
The jury trial continues in front of Justice Kelly Byrne.