What the jury didn't hear in the case of the man accused in teen's sex assault

Dartmouth businessman's new trial on sex assault charges delayed by a year

The jury in the sexual assault trial of a Halifax-area businessman accused of sexually assaulting and choking his 17-year-old employee has begun its deliberations.

And now with the six men and six women sequestered and cut off from all media, details of Michael Raymond Kobylanski's past charges and a previous criminal conviction for sexual assault can be reported. 

Last week, the jury heard that Kobylanski, 41, had a prior criminal conviction and served a prison sentence but details were withheld so as not to taint jurors' deliberations.

Attacked 14-year-old girl

In 1995 in Ontario, Kobylanski attacked a 14-year-old girl who'd rejected his sexual advances. According to parole documents, Kobylanski smashed the girl in the head with a large rock and then sexually assaulted her. He had lured her away from her friends on the pretext of needing help finding his way home, as he was unfamiliar with the area.

She was found the next day, barely conscious and badly beaten, near some railroad tracks.

"Injuries to the victim were extremely serious and required surgery due to swelling of the brain," the National Parole Board noted in rejecting Kobylanski's bid for release from prison.

"It was feared during post-surgery that she would not survive."

The board noted she suffers life-long psychological and physical effects. 

Parole requests repeatedly rejected

Kobylanski was sentenced to more than 12 years in prison. The parole board repeatedly rejected his efforts to be released from prison early, saying he was a high risk to reoffend. Each time he was refused, Kobylanski appealed. Each of his three appeals were rejected.

With a year left on his sentence, the court decided to release him to a halfway house to help his reintegration into society.

When Kobylanski was eventually released, he was required to report all intimate relationships and abstain from alcohol. He was also ordered to stay away from anyone under the age of 16.

"The greatest challenge for you is relationships, be they intimate or otherwise," the parole board said in one of its decisions rejecting Kobylanski's request for release.

"Boundaries have rarely been respected and you have struggled with acknowledging their need and relevance."

Other sex-related charges

Kobylanski has also faced additional sex-related charges here in Halifax.

In December 2013, he was acquitted on charges of sexual assault, sexual interference and invitation to sexual touching.

In March 2014, Kobylanski was acquitted on charges of sexual assault and sexual interference.

The charges in both cases covered a period from July 2010 to June 2011.

Kobylanski is currently facing six charges, including sexual assault and sexual assault with a weapon. The charges relate to an alleged incident in his north-end Halifax home in 2015. Kobylanski is accused of threatening to kill a 17-year-old girl, using his belt to choke her and sexually assaulting her with a hammer.