Acquittal for person accused of sexual assault at a Windsor women's shelter
A Windsor individual has been acquitted of sexual assault charges that stemmed back to an alleged incident at a women's shelter.
Cody D'Entremont, 34, identified as Desiree Anderson at the time of the complaint — which concerned the night of March 26, 2023, at the Welcome Centre Shelter for Women and Families near downtown Windsor.
The complainant was a woman in her 30s who was being accommodated in the same room as D'Entremont at the shelter. A publication ban prevents disclosure of her name.
According to the complainant, she was lying in bed with D'Entremont watching movies on a laptop when D'Entremont assaulted her.
The trial was decided by judge alone. Justice Sharon Murphy said in her verdict that she has "significant concerns about the reliability of the evidence of the complainant."
The Welcome Centre Shelter for Women and Families describes itself as an emergency shelter "dedicated to assisting self-identified women+, families, and children facing homelessness and related challenges." (TJ Dhir/CBC)
No one else was present in the bedroom at the time in question.
When called as a witness, D'Entremont categorically denied all aspects of the complaint.
"I didn't have sex with her," D'Entremont testified. "I didn't touch her at all."
In court, D'Entremont's lawyer, Mario Nabbout noted "remarkable inconsistencies" in the complainant's testimony and evidence. "This is a credibility case," he said.
For example: The pyjama bottoms that the complainant said she wore on the night in question were submitted for forensic examination, and no trace of D'Entremont's DNA was found.
Murphy found it significant that three shelter staff members who testified in the trial directly contradicted the complainant about her behaviour following the alleged incident: They recalled that she requested to continue to interact with D'Entremont after she was put in a separate room.
Two of the support workers said they asked the complainant if she wanted medical attention or to speak with police, and she declined.
One shelter staff member testified that the day after the complaint, the complainant asked to be roomed with D'Entremont again.
"This is not someone who was terrified or frightened by Mr. D'Entremont," Nabbout told the court.
The complainant did not make a report to police until more than a week after the night in question. Although she visited a clinic, no "rape kit" exam was done.
Nabbout said his client has remained adamant in their denial of the allegations, and there isn't evidence beyond the words of the complainant to say otherwise.
"Clearly, there is reasonable doubt," Nabbout told the court.
Murphy agreed.
The acquittal comes with no other orders. Murphy said there is insufficient evidence that a peace bond is necessary.
D'Entremont remains in custody on other charges.
The Welcome Centre Shelter for Women and Families describes itself as an emergency shelter "dedicated to assisting self-identified women+, families, and children facing homelessness and related challenges."
Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through this Government of Canada website or the Ending Violence Association of Canada database. If you're in immediate danger or fear for your safety or that of others around you, please call 911.
