Kamloops man found guilty of sexual assault and strangled after judge refused to honor plea – Kamloops News

Photo: KTW file

The Kamloops man who raped and strangled his friend didn’t have consent just because he didn’t say “no” or “stop.”

That’s what a judge ruled after Good Leary’s trial in BC Supreme Court on charges of sexual assault and assault by strangulation, convicting him of both offences.

Leary, 48, was charged in connection with the incident, which occurred on March 5, 2022, at his home in Kamloops.

The victim, who cannot be named due to a court-ordered publication ban, said he had known Leary for more than a decade. He said they exchanged flirty messages and that he found her attractive.

On the day of the incident, Leary invited the woman after sending her a sexually explicit message. The woman said she had previously told Leary she was not looking for sex.

Leary forcibly assaulted the woman in her home and strangled her while raping her.

At trial, Leary’s attorney argued that the woman’s testimony should not be believed because she never said no or told Leary to stop and never tried to leave her home.

BC Supreme Court Justice Brad Smith said he could not agree with such arguments.

“In my view, to conclude that her evidence is less worthy of belief because she remained silent and passive, or because she failed to resist Mr. Leary’s advances, is to rely on myths and stereotypes about sexual assault complainants and judge her credibility,” Smith said in court on Tuesday. that it was based on inconsistencies between his behavior and the actions of an expected sexual assault victim.

“Such reasoning is a miscarriage of law and I refuse to subscribe to it.”

Smith denied the suggestion that the victim made up the allegations because she was a scorned lover.

“This claim is completely unfounded,” he said.

“Regardless of the strength of the evidence that a sexual assault complainant was belittled, it is a miscarriage of law to discredit them based on the myth and stereotype that humiliated women fabricate sexual assault allegations.”

Leary is not in custody. Lawyers will return to court on December 9 to determine the date of the sentencing hearing.