August 21, 2013 - 8:06 AM
KAMLOOPS - A judge must make his decision based upon testimony from the accused and the accuser in a sexual assault trial that began earlier this week. With minimal physical evidence, he will need to weigh both sides to determine whether the accused is guilty beyond a reasonable doubt.
Tyler Abear faces one count of sexual assault in Kamloops Supreme Court after an alleged incident in March 2011 in Kamloops.
A 33-year-old woman, whose name is protected by a court ban, testified on Monday that she met Abear on the website Plentyoffish.com in February 2011. Three months later she alleges he forced anal sex on her in the midst of a consensual encounter. She alleged Abear pinned her down and photographed himself having sex with her 'no-zone.'
She made an anonymous report in September 2011, about three months after the incident. She testified that she initially thought it was a 'hook-up gone wrong' before her roommate told her otherwise and she sought help from the Kamloops Sexual Assault Centre.
From there, the centre reported the incident anonymously on her behalf and police pursued the investigation that led to the charges.
Abear, who has worked as a security guard in Kamloops including at the hospital and as a bouncer at Cactus Jacks nightclub, had aspirations to become a cop at the time of the incident. He currently works as a delivery driver at Easy Home in Kamloops.
He testified yesterday that he had five beers in 10 hours that day during a keg-party he was hosting for his roommate's birthday.
"I was happy, but I wasn't really feeling the effects," he said.
Abear said he'd been aware of the woman's rules against anal sex, but in the moment wanted to "see if she was into it" by lubing himself up with baby oil, pushing himself against her and asking permission.
He said he received a smile and a nod from her along with two words: "be gentle." He didn't remember any defiance by the woman and said the night ended with them falling asleep cuddled up, watching a movie.
He told the court he doesn't get sexually turned on by someone who isn't enjoying sex or feels pain.
"I would have froze," he said. "That's a complete turnoff."
Abear said he received 'lovey-dovey' messages from the woman days after the alleged incident before she demanded the photos and he eventually stopped speaking to her.
B.C. Supreme Court justice Dev Dley will make his decision next.
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News from © InfoTel News Ltd, 2013