June 20, 2013 - 4:32 PM
A man was found guilty yesterday for sexual assault after a judge ruled a sleeping woman did not consent to sex.
David Paul Kinney was charged in Kamloops Provincial court after a night of drinking at a friends house escalated. A group of friends were playing cards and drinking Dec. 8, 2011 when the victim became ill and went to sleep off the booze.
"She said when she awoke the accused was on top of her," said Judge Roy Dickey.
Dickey said testimonies conflicted and the case relied strictly on credibility of the witnesses. The victim said she awoke to Kinney having sex with her only to push him off and threaten him with telling her boyfriend who would 'kill' him.
Finney, however, had a different story, saying the victim told him her boyfriend would kill him if he found out what they were doing.
Testimony recounted the moments leading up to the sexual encounter.
A friend of the victim had sex with Finney and she told the court she had joked with him about a threesome with the sleeping girl.
The defence case relied heavily on facts that the victim didn't call the police, didn't want to press charges and would not hand over her clothes from that evening to police.
However Dickey sided with the Crown, saying he placed no weight on those factors.
"I do not believe the evidence of the accused," he said. "Her evidence made sense."
Kinney will be back in court to fix a date for sentencing on June 27.
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News from © InfoTel News Ltd, 2013