Former Nanaimo junior hockey player found not guilty of sexual assault
Jun 20, 2024
NANAIMO — A former local junior hockey player has been acquitted on a sexual assault charge following a trial.
The judge concluded the complainant made several inaccurate and embellished statements during the police investigation and at the trial linked to an alleged violent sexual attack against a then 17-year-old girl at her Nanaimo home on Jan 31, 2023. Boychuk was 18 at the time.
“I want it to be clearly understood that I do not make a positive finding that the alleged sexual assault did not happen. The evidence leads me to significant uncertainty about which parts of the complainant’s evidence can be counted upon as reliable.”
The judge said conflicting statements of how some of her bruises formed, claims which she recounted about losing consciousness several times during the incident, along with false claims to police that the Buccaneers organization had been made aware and vice versa.
“I conclude that the complainant's statement to police that the accused forced her medication down her throat and made her drink water are exaggerated and false narrative details created by the complainant,” Justice Thompson said.
The judge also referenced retracted statements by the complainant to her sister the encounter with Boychuk was consensual and to her father and friends her bruises were the result of running into a door frame and being head-butted by her dog.
“…the physical evidence does not match up with the complainant’s evidence about the degree and type of force applied,” Justice Thompson said while reading aloud a 25-minute long verdict.
Despite various inconsistencies, the judge determined the complainant to be a composed, patient and a forthcoming witness at trial.
"The rate of conviction is minimal...burden of proof on victims (of sexual assault) is so high...it's egregious, almost impossible" - CHEK News
Edited by pontcanna, 20 June 2024 - 06:28 PM.