HAPPY VALLEY-GOOSE BAY, N.L. — A 28-year-old Happy Valley-Goose Bay man was found not guilty May 6 of sexually assaulting and assaulting a woman from the community.
Justice Frances J. Knickle said in her written decision that the woman’s recall was poor and there were “numerous inconsistencies in her evidence, both in respect to peripheral matters as well as matters central to the allegations,” and that the accused was a credible witness.
The man was accused of having intercourse with the woman on multiple occasions without her consent, slapping her and threatening to have his two dogs attack her if she told anyone.
The 19-year-old woman testified she had met the man through Facebook and started hanging out with him when she was 16. She testified he had forced himself on her in multiple locations, and in one instance when she started to cry he slapped her and became angry.
Knickle said that when asked why she continued to see the accused, the woman testified she was scared to stop going to his house because she did not know what he would do.
“She testified that she was scared of him, given that he would take advantage of her,” Knickle wrote. “She also stated that the accused told her that if she said anything, he would get his two dogs to attack her.”
The man said when he first met the young woman she bought marijuana from him, and after that they arranged to meet again. He didn’t disagree there was sexual intercourse, but told the court the young woman did not ask him to stop or protest during any of their encounters.
Knickle said the young woman was a reluctant witness and, while she was credible in some regards, she found her testimony to be unreliable overall.
“Her recollection was very poor, and she seemed confused at many points as to when particular events occurred,” Knickle wrote. “She alleged numerous instances of sexual intercourse over the course of several months, but her account of what happened lacked considerable detail.”
Knickle said the woman responded to many questions with, “I don’t remember,” and when she did respond with details, many were shown to be inconsistent with her previous statements or with her evidence at a preliminary inquiry.
Evan Careen is a Local Journalism Initiative reporter covering Labrador for SaltWire Network
