Teen testifies man accused of sexual assault told her to 'keep it a secret'

A now 15-year-old girl told a Regina court Wednesday that the man accused of sexually assaulting her told her to keep their relationship a secret.

The girl's identity is protected by a publication ban at the trial of Phillip Lionel Levac, 32. He has pleaded not guilty to two counts of sexual assault and two counts of sexual interference.

In Regina's Court of Queen's Bench Wednesday, Levac kept his eyes trained on the screen that showed the girl sitting on a couch with Merlot, a Regina Police Service support dog, as she testified via video from a separate room.

Recordings of statements made by the girl to two separate police officers were played on Tuesday and Wednesday during a voir dire — a preliminary examination by a judge within a trial, usually intended to determine whether evidence is admissible.

The teen's statements were admitted as evidence for the trial and are considered part of her testimony.

The girl told police officers she met Levac at the gym and he asked for her number. She said he started training her in the weight room at the Fieldhouse and Lawson Aquatic Centre — and that he knew her age.

The girl said they exchanged photos and videos of their genitals through Snapchat (an app where content automatically deletes after a period) prior to April 12, 2018, when he allegedly texted her to come over.

She sighed and said she thought they were just going to hang out. However, she said that when she arrived, he carried her to his bedroom and initiated sex.

"I was trying not to say anything," she said. "I regretted it, but I didn't say anything."

'Felt like I was trapped'

She said her silence was driven by fear, because she was aware he had a criminal history and was afraid he might hurt her. The teen, who was 14 at the time, described him as a "big guy."

She said she was aware he had served "nine or 10 years" in custody because he had sexually assaulted women previously.

She said she still gave him "a chance" because she thought people could change.

Court heard that he was bound by conditions to disclose his history and that the girl was contacted by Levac's probation officer, after Levac mentioned he was training her at the gym. The girl didn't reveal her last name to the probation officer, nor did she mention anything beyond a trainer-client relationship.

She said she didn't tell anyone what had happened until the first police interview.

"He told me not to tell anyone and keep it a secret," she told Crown prosecutor Kelly Kaip on Wednesday.

The second alleged incident happened on April 15, 2018. She said Levac received a message from his mom while they were at the gym together, saying she was leaving home for a bit.

The girl said she told Levac she wanted to work out rather than leave but instead he called a cab.

"I kind of felt like I was trapped at that moment and I didn't really know what to do."

The girl said the "vibe" from him was different the second time at his mother's house, as he seemed "angry" and "aggressive." She said she told him "it hurts, I don't want to do this."

Despite her pleas, she said, he didn't stop.

Defence suggests a different story

During cross-examination on Wednesday, defence lawyer Andrew Hitchcock highlighted discrepancies in the statements the teen gave to police and at the preliminary hearing.

He also suggested his client's version of what happened, first alleging they did not exchange any photos or videos of genitals.

Hitchcock also suggested that the teen only went to Levac's home on April 12, 2018, to pay him $150 for personal training — and that she never stepped inside.

He then suggested she only used the washroom the second time she went to the house.

The teen refuted all of Hitchcock's suggestions, except for acknowledging that Levac did tell her "all I can do is train you because you're under 18."

The judge-only trial, which is being heard by Justice Graeme Mitchell, is scheduled for two weeks.