Court hears about night of drugs and vague memories of alleged sex assault
By age 14 she was drinking heavily two to three times a week, usually beer, vodka and whisky.
The girl, who claimed she was sexually assaulted, also smoked marijuana daily – sometimes getting it from her mother.
Other illicit indulges included ecstasy, cocaine and opiates, she told the court.
“Heroin?” asked defence lawyer Jordan Watt.
“That’s what I meant by opiates,” she calmly replied.
The girl, whose name cannot be reported due to a publication ban, testified March 6 in Campbell River provincial court during the continuation of sexual assault and uttering threats trial.
The accused, Troy Emmons, now 21, sat quietly in the front row and listened as the girl said she did not consent to having sex with him on the night of July 27-28, 2011.
“Did you want that [sex] to occur?” Crown prosecutor Bruce Goddard asked the girl.
“No,” she replied.
On the night in question, the girl went to a friend’s house where she recalls drinking two whisky and colas, and perhaps smoking a joint before she went to Emmons’ residence.
There, she took a tablet of what she believed was ecstasy along with Emmons, who was then 19, and another young man. The drug, however, caused her to hallucinate, an experience she had not encountered before with ecstasy.
Feeling unwell, the girl said she went to Emmons’ bedroom to lie down and from that point on, her recollections of the night were vague.
She told the prosecutor that at some point Emmons entered the room and got into bed with her.
She asked him to stop his sexual advances, but they had intercourse. Emmons then left the room and returned later, she said, and they had sex again, but she couldn’t recall much of the second incident.
Sometime in the early morning hours, she got out of bed and went to the living room where Emmons and the other young man were. They listened to music together for about an hour, may have smoked marijuana, and she left and walked home.
She arrived at her mother’s home around 6 a.m. and went to bed still high from the drug. Later that day, she told her mother what had happened, but they didn’t report the matter to police.
In fact, she returned to Emmons’ home to repay a loan she had received from a different man.
The alleged sexual assault was not reported to RCMP until a few days later after she told her father. And after she told her dad, he went to Emmons’ home and confronted him.
In response, Emmons threatened the father, a brother who also went to the residence, and the girl.
During cross examination by the defence, the girl admitted she couldn’t remember everything from that night because she was “impaired or high on drugs.”
Watt suggested the girl asked Emmons to get the other young men in the apartment to leave so the two of them could be alone. He also suggested that she initiated kissing Emmons in the bedroom.
“I don’t agree with that,” she responded.
However, she also admitted it was possible she consented to having intercourse.
Watt suggested she only went to police to report the alleged sexual assault after she learned that Emmons had a new girlfriend and he didn’t want to hang out with her anymore.
After her testimony, the Crown dropped the sexual assault charge against Emmons while he pleaded guilty to uttering threats.
Emmons has a recent criminal record with convictions for robbery, obstruction and breach of court orders. The court also heard he has been diagnosed with fetal alcohol and attention deficit disorders for which he receives a disability pension.
He now lives in the Comox Valley and was supported at the trial by his girlfriend and two social workers from the John Howard Society. The girl’s family was there to support her.
For the threats conviction, Emmons was given a 45-day conditional sentence to be served at his residence and one year probation. He was also ordered to have no contact with the girl or her family.