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A BC judge has found a Prince George teacher guilty of sexual assault after his girlfriend told him the sex they were having hurt and to stop – but he didn't.

According to a Nov. 20 BC Supreme Court decision Brendan Tomas Boylan was having anal sex with his girlfriend – whose named is covered under a publication ban – when she told him it hurt and he needed to stop.

However, the girlfriend said he refused and instead held her down on the bed and forcibly continued.

Boylan denied this, saying his girlfriend told him to hurry because it hurt, before she then said it hurt too much and to stop, which he immediately did.

The teacher claims his now ex-girlfriend fabricated the story and only went to the police two years later, just after he sued her over $36,000 he gave her.

He argued it was "bad sex" but not an assault.

However, the Justice disagreed finding that Boylan continued the sex after his girlfriend had withdrawn her consent.

The decision says the couple had been together for less than one year and Boylan had moved in to her home a month after they met.

Six months later, Boylan gave $36,000 to his girlfriend to buy a new condo where they both lived.

On the morning in question, the girlfriend had returned from working nights and Boylan had made her breakfast. She testified he wanted to have sex and was touching her breasts as she got ready for bed.

"She told him she was tired, her menstrual period had just begun, and she wanted to go to sleep. He persisted and eventually, she relented. Having just inserted a menstrual cup that night, she indicated to him they could have anal sex," the decision reads. "She found the sex painful from the start, and so told him it hurt and asked him to stop."

The girlfriend said she told him twice to stop, "begging him to stop."

He became annoyed and refused, pushing her onto the bed and saying "everything is fine."

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Afterwards, he got in the shower, and the girlfriend followed because she was injured and needed to clean off. She was in tears, the decision said.

Boylan then got ready to go to a friend's barbeque and the girlfriend asked him to stay because she was hurt and thought she needed to see a doctor.

He refused to stay and told her they would "laugh about all this later."

She later texted him and said their relationship was over.

Boylan’s version of what happened is quite different.

He said when she told him the sex hurt too much he immediately stopped. They both got in the shower and at her suggestion he masturbated between her breasts until he orgasmed.

He then left to go jet skiing and when he returned found her on the bathroom floor in pain from her period.

She asked him to go and get some menstrual pads from the store but he returned with liners and the two began arguing.

He asked her to come to the barbeque with him but she got angry saying she wanted him to stay and take care of her.

She told him if he went to the barbeque "we are done,” but he went anyway.

While at the barbeque she texted him saying their relationship was over. He stayed out that night and returned the next day to get some things.

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In the decision, Justice Coval parsed through every statement made during the three-week trial.

"At the heart of this case are challenging questions about the credibility of the complainant and the accused regarding what happened during their sexual activity on the morning in question. Their evidence raises other additional head-on credibility conflicts," the Justice said.

During the trial, four friends of the girlfriends testified all saying she'd called them and told them about the sexual assault in the hours and days after it took place.

Boylan testified that she made it all up and only went to the police two years later just after he took legal action against her over the money he gave her. Boylan is suing her for the $36,000 he gave her and for defamation claiming she told the friends he sexually assaulted her.

Much of the trial was given over to whether the money was a gift or a loan, and Justice Coval found some of Boylan's evidence was untruthful.

The Justice also found some of Boylan's evidence implausible questioning why the relationship would end so abruptly if the sexual assault hadn't taken place.

"In my view, when considering the evidence as a whole, this potentially exculpatory evidence does not raise a reasonable doubt about the accused’s guilt, or any uncertainty about whom to believe regarding whether the alleged assault occurred," the Justice said. "I find that the accused’s denial of the alleged assault and associated evidence do not withstand the cogency of all of the inculpatory evidence that I have summarized.

"When assessing the evidence as a whole, the potentially exculpatory evidence is vastly outweighed by the compelling evidence that the sexual assault did occur as alleged," Justice said.

Having been found guilty, Boylan will be sentenced at a later date.

If you or someone you know has been impacted by sexual violence, contact Archway Society for Domestic Peace at 250-542-1122. All programs are easily accessible, free of charge and confidential.

To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

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