FILE – The Instagram app is shown on an iPhone in Toronto on Monday, March 19, 2018. THE CANADIAN PRESS/Graeme Roy

FILE – The Instagram app is shown on an iPhone in Toronto on Monday, March 19, 2018. THE CANADIAN PRESS/Graeme Roy

Judge acquits B.C. teen boy ‘set up’ on sex assault charge based on Instagram messages

The girl and her friends did not have ‘good intentions’ towards the accused, judge says

WARNING: This article contains graphic details of a sexual encounter.

A B.C. judge has acquitted a teenage boy accused of sexual assault in a ruling issued earlier this month.

The case centres around an incident that took place on May 3, 2019, when both the teenage boy and the girl who accused him were 16 and attending the same high school. The names of all teens involved are undisclosed because they are minors.

Court documents lay out a story that began on April 30, four days prior, with a flurry of text messages from the teenage girl’s phone to the accused’s phone.

“The focus of their Instagram conversations, each day, was on a planned meeting in the school’s handicapped bathroom during their shared C Block class, for the purpose of a sexual encounter,” Justice Patrick Chen stated.

However, the messages were not sent by the complainant alone – she acknowledged that her friends, K.C. and S.W., would use her phone to text the accused.

Chen took issue with the complainant’s credibility. The messages exchanged between the complainant – and her friends and sister on her phone – and the accused were sexually graphic in nature. The judge said the complainant’s testimony showed her “as a person with a cruel and callous disregard for peoples’ feelings and, more significantly, a callous disregard for honesty and the truth,” while it was clear the accused was “infatuated” with her.

“Complainant testified that her sister and her friends were sending messages from her Instagram account to the accused on May 1, 2019 – many of which were highly sexual and graphically explicit – because ‘they wanted to have fun with it’ and that she agreed to give them her phone to do that. Again, she said, ‘I just didn’t care,’” Chen stated.

“If this evidence of the complainant is to be believed, it would appear that she, her sister, and her friends, all had a low opinion of the accused. It would appear that none of them had good intentions towards the accused, from the beginning.”

There were around 2,000 explicit Instagram messages exchanged, of which the complainant submitted about half while the accused kept all of them. The complainant said she only submitted some – and deleted the rest – because they were “not relevant” to the issue.

Chen said that more than 1,000 messages were sent to the accused over the four days “stoking the accused’s fantasies about the complainant and encouraging him to believe that she felt the same way about him.”

He added that judging by the complainant’s own words, “it would appear that the two of them (complainant and her sister) regarded the accused’s infatuation with her as a joke, laughing at him behind his back.”

The complainant testified that she didn’t know why the accused wanted to meet her in the handicapped bathroom on May 3, only that he wanted to ask her a question, and that she had not read the messages her friends and sister had been sending to the accused on her phone, nor his responses.

Chen said he found it “inexplicable” why the complainant did not check her phone to see what the accused wanted to do in the bathroom on May 3.

The complainant told the court that the accused started kissing her and then grabbed her buttocks, as well as escalating the sexual encounter further. She testified that she removed the accused’s hand from her buttocks and told him “no.” She also said the accused briefly touched her breast, at which point she said she felt “disgusted and scared, began to cry and had a panic attack.”

The complainant said that then the accused asked if she wanted to see his penis, to which she said “no,” but that the teenage boy showed it to her it anyway. She testified that she then left.

The accused told the court a different side of the story. According to him, “the complainant was fully engaging” in all sexual behaviours in the bathroom.

In his conclusion, Chen said he had “no confidence in the veracity” of the complainant’s evidence.

“The complainant’s testimony, apart from its implausibility, contains severe and significant internal inconsistencies. I have serious concerns regarding the complainant’s truthfulness. In my view, the complainant’s evidence makes no sense. It does not have the ring of truth or even the air of reality,” Chen stated.

“Accordingly, I find the accused not guilty.”


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Court

Just Posted

Students at ACSS and BGMS will start the school year in September with positive changes at their Aldergrove Campus. (Special to The Star)
Fit Core athletic centre to link Betty Gilbert and Aldergrove Secondary

Langley School District announced new courses such as guitar and digital technology for students

Douglas Denyer walks with his wife Dorothy, who passes away at 90. The long-time resident of Langley and Rotarian since 1984 turned 100 on June 16. He has two sons, five grandchildren and four great-grandchildren. (Special to Langley Advance Times)
Celebrating ‘a beautiful life,’ Langley senior turns 100

‘I’ve always tried to help out everyone I can” Douglas Denyer says

Vancouver Giants will return to the ice on Oct. 8, hosting the Prince George Cougars at Langley Events Centre. (Special to Langley Advance Times)
Giants will renew division rivalry with Cougars when season resumes in October

First game at Langley Events Centre since February of last year

A flower-bedecked memorial to one three people who died at the scene of a suspicious house fire in Langley stands outside the burnt-out house in the 19600 block of Wakefield Drive on Monday, June 29, 2020. (Dan Ferguson/Langley Advance Times)
First hearing for man charged in Langley triple homicide

Kia Ebrahimian faces three counts of second degree murder

Big Splash water park is located in Tsawwassen. (submitted photo)
Big Splash reopens Canada Day with changes to keep the water park ‘safe for everyone’

Executive Hotels & Resorts has owned and operated the attraction since 2017

Maxwell Johnson is seen in Bella Bella, B.C., in an undated photo. The Indigenous man from British Columbia has filed complaints with the B.C. Human Rights Tribunal and the Canadian Human Rights Commission after he and his granddaughter were handcuffed when they tried to open a bank account. THE CANADIAN PRESS/HO-Heiltsuk Nation, Damien Gillis, *MANDATORY CREDIT*
VIDEO: Chiefs join human rights case of Indigenous man handcuffed by police in B.C. bank

Maxwell Johnson said he wants change, not just words, from Vancouver police

Tk’emlups te Secwepemc Chief Rosanne Casimir stands outside the former Kamloops Indian Residential School after speaking to reporters, in Kamloops, B.C., on Friday, June 4, 2021.THE CANADIAN PRESS/Darryl Dyck
Kamloops chief says more unmarked graves will be found across Canada

Chief Rosanne Casimir told a virtual news conference the nation expects to release a report at the end of June

A woman wears a vaccinated sticker after receiving a COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. ranks among highest in world in COVID-19 first-dose shots: health officials

More than 76% of eligible people have received their 1st shot

A screenshot of the First Peoples Cultural Councils First Peoples’ Map. (First Peoples Cultural Council)
Online resource blends B.C.-Alberta’s Indigenous languages, art and culture

Advisor says initiative supports the urgent need to preserve Indigenous languages

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

An artists conception of the new terminal building at the Pitt Meadows Regional Airport.
Air travel taking off in B.C., but lack of traffic controllers a sky-high concern

There will be demand for more air traffic controllers: Miller

Canadian Armed Forces experts are on their way to North Vancouver after a local homeowner expressed worry about a military artifact he recently purchased. (Twitter DNV Fire and Rescue)
Military called in to deal with antique ‘shell’ at North Vancouver home

‘The person somehow purchased a bombshell innocently believing it was an out-of-commission military artifact’

Amy Kobelt and Tony Cruz have set their wedding date for February, hoping that more COVID-19 restrictions will have lifted. (The Macleans)
B.C. couples ‘gambling’ on whether COVID rules will let them dance at their wedding

Amy Kobelt and Tony Cruz pushed back their wedding in hopes of being able to celebrate it without the constraints of COVID-19

A plane is silhouetted as it takes off from Vancouver International Airport in Richmond, B.C., May 13, 2019. THE CANADIAN PRESS/Jonathan Hayward
Report calls for airlines to refund passengers for flights halted due to COVID-19

Conclusion: federal help should be on the condition airlines immediately refund Canadian travellers

Most Read