Warning: The following story contains descriptions of sexual assault and may be disturbing to some readers.
A Richmond man standing trial for sexually assaulting his wife over six years was blocked in his attempt to get a mistrial.
The man, who can not be named to protect the victim’s identity, was accused of sexually assaulting his wife between 2015 and 2020. Incidents of sexual assault included while his wife was asleep and continuing intercourse despite her protests and having to have sex with him “out of fear of what (he) might do to her.”
He also faces other allegations.
During the trial before a jury that started last month, the man asked for the charge of sexual assault to either be quashed, divided into separate counts or for a mistrial to be declared.
He claims he is prejudiced from having a fair trial because he has different defences for different incidents and the alleged occurrences of sexual assault were separated by incidents of consensual sex between the parties.
His application was rejected by B.C. Supreme Court Judge Geoffrey Gomery on Monday, June 26.
Judge Gomery acknowledged addressing sexual allegations taking place in intervals over a “lengthy” timespan is difficult because complainants can’t be expected to provide detailed accounts of incidents and dates, while defendants may find it difficult to explain their own actions.
However, wrote Gomery, the law accepts that such cases should be tried despite the difficulties.
He decided it was unnecessary to separate the allegations into different charges because allegations of sexual assault in familial relationships could be “sufficiently connected” and it did not matter in principle that the incidents were separated by “episodes of consensual sexual activity.”
He also determined there was no “significant risk of unusual or exceptional prejudice” against the man for the charge and the case is “not out of the ordinary.”
