Warning: This story contains graphic details that may not be suitable for all readers.
A Princeton man accused of raping his ex-partner, along with charges of assault and forcible confinement, denied the charges in court Wednesday, saying he only had consensual sex with the complainant.
But in cross-examination, the Crown pressed the man about text messages the day of the alleged sexual assault, which indicate a history of unwanted advancements and the complainant feeling “more than uncomfortable.”
The defendant, who is only being referred to as D.W. to protect the identity of the complainant due to a publication ban, took the stand Wednesday as the only witness for the defence.
In his testimony under questioning from defence lawyer James Pennington, D.W. denied choking, smothering and raping the complainant, M.A.
D.W. said he had been with a female friend and was reluctant to drop off some cocaine for M.A. earlier that day.
He said he ultimately did deliver drugs because she was pestering him with phone calls, and he and his company were tired of getting calls from M.A.
But when Devji pressed him, D.W. conceded it did appear, through text messages presented in court, he was the one pushing M.A. on whether or not she wanted drugs. M.A., conversely, appeared uncertain, and at one point she said it was a bad idea and bid him good night.
Crown lawyer Nashina Devji questioned the motives for delivering the cocaineon the part of D.W., who described the relationship as “friends with benefits.”
“She was going to pay or put out,” D.W. said in court, acknowledging that M.A. had, in fact, paid for the cocaine.
“You say ‘if I’m by, then I’d like something in return,’” Devji said, asking D.W. what he meant by that.
“Anything in general. Back massage, whatever,” D.W. said.
“You’re saying you want a back massage or anything. Would an apple have been enough?” Devji asked him.
D.W. appeared to suppress a laugh, and then responded that an apple would have been enough. Devji challenged him on that, saying D.W. wanted something sexual, but D.W. said he disagreed.
“I want to f—-ing kiss for doing this,” Devji said, reading from D.W.’s text messages. “She tells you: ‘No.’ So she’s made it pretty clear to you time and time again that she is not going to give you anything for doing this. If you do it, you do it as a favour.”
D.W. agreed, but later said phone call conversations, of which there are no records beyond time stamps, were a different story.
Shortly after, D.W. said the two were messaging again, with the expectation that M.A. would come over to do some cocaine and drink, adding the two did an estimated six grams that night.
Devji pointed to numerous text messages that indicated M.A. did not want to go over.
“I won’t come over because everytime I do you hurt me,” M.A. wrote, with D.W. responding: “I’m not going to touch you.”
“You have said that a lot before,” M.A. said, to which D.W. responded: “I didn’t do anything last time you were here,” followed by “Sorry I kissed you.”
“I felt more than uncomfortable,” M.A. said.
M.A. did eventually go over, and D.W. said the two did drugs and cuddled on the couch before having sex on the floor, and “then we ran out of drugs and she got really pissy.”
When she asked for a ride home, D.W. said he said he would not provide one because he was intoxicated, and she began screaming and yelling. In response, he said he put a hand on her mouth twice, claiming she turned over, causing the injury to her lip.
During cross-examination, D.W. admitted to running between doors for about half an hour to block M.A. from leaving his house, saying he didn’t want her going outside and waking up neighbours. He said he received a complaint in the past from M.A. yelling at night.
While Crown alleged D.W. bear hugged M.A. while she tried to leave, he said he put his arms around her lightly before she fell to her knees, and he fell with her. Crown alleges shortly after that is when D.W. raped M.A., but he denied having sex with M.A. at that point, consensual or not.
He also denied choking her and smothering her with a pillow.
The defence’s case wrapped up Wednesday afternoon, with closing remarks set to go Thursday morning.