Saint John jury to hear judge's charge in sex assault case today
A jury in Saint John will be asked today to decide whether a young man and woman had consensual sex when they got together at a Sussex home in August of last year
There were no other witnesses to the incident, although both the accused, 24-year-old Connor Campbell of Norton, and the 21-year-old alleged victim agree they had previously exchanged a series of texts via the social media app Snapchat.
Snapchat conversations are not archived, leaving no record for investigators.
That leaves only contradictory testimony by Campbell and the woman, who was working as a babysitter at a friend's home.
Asked for nude photos
The two knew each other through sports.
In the witness box Tuesday, the woman said Campbell sent her texts via the app in which he said he was unhappy in his relationship and wanted to be with her.
She said that in the course of the text exchanges, he asked her to send him nude photos. She told the court she had just emerged from the shower and sent Campbell a Snapchat photo of herself wrapped in a towel.
A short time later, she said, Campbell arrived at her employer's home uninvited.
"He just comes right in the door," she testified. "Took his shoes off and sat beside me on the couch."
Said she wanted him to stop
She said Campbell leaned over and kissed her, then climbed on top of her, removing her shorts and underpants.
"I said this isn't happening," she testified.
She said Campbell began to have sex with her, asking if she wanted him to stop but not stopping when she said she did.
She told the court he finally stopped the third time she asked.
She said he got up and asked "Are you mad at me? I said yes."
She said Campbell then left and she called her mother, who came to the home and took her to the hospital.
Felt there was invitation
In his testimony, Campbell told jurors the Snapchat photo the woman sent him was a nude, which he took to be an invitation.
He said she invited him to the home and provided him with directions.
She was a willing participant in foreplay, Campbell said, and the two undressed themselves.
"She kissed me back, I thought she was allowing me to have sex with her," he said. He also told the court the sex act ended when she requested it.
"She said she couldn't do this any longer."
Lawyers differ on photo's value
Defence lawyer David Lutz said the biggest issue the jury has to consider is "Was there a nude picture?"
"This is your absolute classic, classic he said/she said," he told the jury.
Crown prosecutor Jeremy Erickson said the photo has nothing to do with the key issue of consent.
"The reality is the photo is a red herring," said Erickson. "A photo is not consent."
The jury will return to court Thursday at 11 a.m. to hear Justice Darrell Stephenson's final charge.
