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Young man was sexually assaulted by person he trusted, hears P.E.I. supreme court

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CHARLOTTETOWN, P.E.I. — A young man who operates at the intellectual level of a boy no more than 10, claims he was sexually assaulted by a man hired to improve his life skills and to help get him a job.

The complainant, who may not be identified due to a publication ban, testified in Supreme Court Wednesday with a support person by his side.

He told the court that the accused, Donald Robert Derry, had performed oral sex on him and had him do the same to Derry. He also testified that Derry frequently touched the complainant’s penis.

“I used to trust him, but now I don’t,’’ the Crown’s fifth and final witness told the court.

“It’s disgusting. I don’t know why he touches me.’’

The complainant said the sexual encounters with Derry left him angry. 

The complainant’s sister testified Tuesday that the alleged victim told her about Derry’s alleged sexual assaults. 

“My brother is not a sexual person,’’ she said.

She added that her brother had his first relationship this past summer, describing him as a romantic who “does not want the sexual side of it.’’

She told the court her brother never mentioned any specific dates when the assault or assaults may have occurred, just details of what allegedly happened.

The complainant’s mother testified her son’s intellectual level falls between eight and 10 years of age and he suffers from anxiety disorder and has impulsive and disruptive behaviour. He still is unable to tie his shoes.

She said while things appeared to be going well at first between her son and Derry, as time went on her son would not want to discuss his time spent with Derry and would get angry when asked.

RCMP Const. Alex Cabana testified police received a complaint on Nov. 23, 2018, of a sexual assault against a young man.

The mother was present during the police interview with the alleged victim.

Derry’s defence lawyer Brendan Hubley peppered the woman with questions about her potentially interfering in the interview, noting there were numerous incidents where she interrupted.

Cabana said he never considered removing the mother from the room while he interviewed her son.

The mother testified she only joined her son during the police interview to provide support him, not to coach him in what to say.

Derry’s son testified that he became a friend of the complainant but was disturbed by the complainant’s tendency to speak in an inappropriately sexual manner about women .

The accused is expected to take the stand this morning in a trial being heard by Justice Nancy Key with no jury.

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