Lawyer seeks acquittal for St. Michael’s student

A former St. Michael’s College School student who helped hold down another student being sexually assaulted with a broomstick in a locker room was acting under duress in a “Lord of the Flies” environment and should be acquitted, his lawyer argued in closing submissions.

The teen faces charges of gang sexual assault, sexual assault with a weapon and assault in relation to an attack captured on a cellphone video and shared on social media in November 2018. He testified during the trial he was afraid that if he did not hold down the victim he would also be attacked.

He said the crowd of teens in the locker room called him over, pulled him into the circle and urged him to grab the squirming victim’s arm. He said he didn’t know what was going to happen.

Both the Crown and defence provided written closing submissions at the end of the case.

Crown prosecutor Sarah De Filippis argued that the charges have been proven beyond a reasonable doubt based on the accused teen’s testimony alone and that the duress defence is not permitted for the offences of gang sexual assault and sexual assault with a weapon.

De Filippis argued the teen was a “co-principal” in the attack, along with three other teens who have already pleaded guilty to sexual assault with a weapon, which also makes the defence of duress legally unavailable, she argued.

The teen’s lawyer Geary Tomlinson argued in his closing submissions that the defence is legally available and that his client had “no safe avenue of escape,” a key part of the criteria for the defence of duress.

On the day of the sexual assault, the accused teen came into the locker room with the victim, who was hoping to ask for a ride home.

There were several students but no adults in the locker room at the time.

“From the evidence, it can be inferred that the locker room was a chaotic ‘Lord of the Flies’ environment. One where bullies made victims and victims became bullies,” Tomlinson argued, referencing the William Golding novel in which a group of schoolboys turn to violence after becoming stranded on an uninhabited island.

Charges against the teen related to another sexual assault in the school locker room were withdrawn last month due to lack of evidence.

A decision is expected in June.