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UPDATE: 11:01 a.m.
It took less than a day of deliberations for jurors to find a Kamloops man not guilty Thursday on charges of sexual assault and choking to overcome resistance.
Jurors returned with not-guilty verdicts just before 11 a.m. on Thursday.
The accused could be seen wiping tears from his face as the jury confirmed its verdict.
ORIGINAL STORY: 4 a.m.
Jurors were asked Wednesday to acquit a Kamloops man accused of raping a woman he met two years ago at a house party, in part because the complainant couldn’t recall basic details about the alleged attack.
The 26-year-old accused cannot be named under a court-ordered publication ban put in place to protect the identity of the complainant. He is charged with one count each of sexual assault and choking to overcome resistance.
The man is accused of raping a woman he met at a friend’s house during a social gathering on April 9, 2021. His trial began last week.
The complainant testified that she woke up to find the accused raping her. The accused also testified, saying the complainant initiated sex and gave him verbal consent.
During his closing argument on Wednesday morning, defence lawyer Sheldon Tate urged jurors to find the accused not guilty, in large part because the complainant could not recall basic details about the incident and appeared to be intoxicated for some of her testimony.
“It’s my submission that you will find that the complainant was awake she initiated sexual contact and she responded yes to his inquiry about whether sex could proceed from that point,” he said.
Crown prosecutor Alexandra Janse told jurors to focus on the evidence they heard from the complainant about consent.
“She did not agree to this, she did not want this to happen and she did not consent,” she said.
“She was clear and unshaken that she did not consent to any sexual contact of any kind with [the accused].”
The jury began its deliberations just before 3 p.m. on Wednesday and quit for the night by 9 p.m. They are expected to resume their deliberations on Thursday morning.
A separate jury trial is still underway at the Kamloops Law Courts for another man charged with sexual offences.
