Cambridge Bay man acquitted in 'troubling' sex assault case

A Nunavut judge has acquitted a Cambridge Bay man of two counts of sexual assault of a teenage relative.

Justice Sue Cooper called the case troubling, as the girl testified she did not have a safe, sober place to go. 

The man cannot be named to protect the identity of the teenage complainant.

During the Cambridge Bay trial in September, the girl alleged that in October 2012 she was drinking vodka with her grandmother, the accused and his girlfriend. She said after the two other women passed out, the man took her to a bathroom where he had intercourse with her.

Afterwards, the girl ran out onto the sea ice where she was located by RCMP and put in the drunk tank.

When she was released, the girl said she returned to the home to shower, and the group was still drinking. She testified she wanted to leave but was asked to stay by her grandmother and said the other adults encouraged her to drink.

When the other women were passed out, she said the accused again forced her to have sex and this time he gave her money afterwards, which she said she left on the bed.

The accused denies any sexual contact with the girl, but he did admit that he picked up an order of nine 1.7 litre bottles of vodka from the airport during that period.

In a written decision, Cooper said, "There are many aspects of this case which are troubling, not the least of which is the circumstances that this young girl found herself in, without a safe, sober place to go to."

However, she said there were major inconsistencies between the girl's testimony at the preliminary hearing and at the trial.

She also noted that there was an incident last year where the complainant made serious false allegations to police. She was charged with public mischief. That charge was later stayed by the Crown.

"While I am highly suspicious of the activities of the accused, I conclude that it would be dangerous to convict on the evidence of the complainant, given the concerns ... discussed," she wrote.