Joel Eric Carlson.

Image Credit: Kamloops RCMP

A former Kamloops resident who pretended to be much younger on an internet dating site has been found guilty of sexually assaulting a Kelowna teenager during a Tinder date.

On Feb. 4 at the Vernon Courthouse, B.C. Provincial Judge Jeremy Guild found Joel Eric Carlson, born 1992, guilty of one count of sexual assault for putting his hand into his 18-year-old Tinder date's pants while the pair were kissing in his truck.

"Silence did not mean yes. Failing to object did not mean yes. Failing to resist did not mean yes. Those concepts were far from being new in August 2020 (when the assault occurred)," Judge Guild said in his written decision. "To persist as he did was reckless."

Sitting in the Vernon courtroom, Carlson could be heard saying "oh shit" when the judge read out the guilty verdict.

While this appears to be the first time Carlson has been convicted for sexual assault, he is facing multiple charges for sexual assault, involving multiple different women in Kamloops and Abbotsford.

Two sexual assault charges in Abbotsford date back to 2013 and involved two separate women. Both cases are set to go to trial in the B.C. Supreme Court.

In September 2020 Kamloops RCMP put out a media release saying there might be more victims, and it appears they were right. Carlson is now awaiting trial on 12 other charges involving eight different victims in Kamloops.

It's not clear but it appears the alleged assaults took place after meeting the women online.

While Carlson did live in Kamloops, information put out by the RCMP last summer said he now lives in Chilliwack.

According to Judge Guild's written decision, Carlson had met the 18-year-old – whose name is covered under a publication ban – on Tinder when she was 17. He told her he was 22.

In the August of 2020, and now 18, the woman had messaged Carlson and found out he was in Vernon staying with friends. She then drove from Kelowna to see him at 1 a.m.

He met her outside the condo complex where he was staying and while she wanted to go inside, Carlson invited her into his truck.

"I have no doubt he hoped to have sexual intercourse and his redirection was a plan to remain alone," the judge said in the decision.

The couple started kissing, which the woman consented to, but then Carlson put her hand on his groin. She then pulled her hand away.

At some point, he said he was going to "pound her" in the truck. The victim had also said she would not be having sex with him in an online message prior to their meeting up.

The decision lists in detail the couple's actions while kissing and assessed whether Carlson's behaviour was consensual or not.

"Consent does not have to be verbal, but it must be specially directed to each and every sexual act," Judge Guild said.

The judge said that "silence and passivity" is not consent.

Carlson argued he honestly believed the woman was consenting to all of the sexual activity.

"The fact she pulled her hand away from his groin was a clear indication she did not consent to anything except kissing, and that should have alerted Mr. Carlson for the need to be certain she consented before escalating any sexual contact," the Judge said. "Since they had never met in person, he had to be far more cautious before concluding she'd given consent to further acts."

Judge Guild said Carlson did not take any "reasonable steps" and "merely proceeded" to take further steps.

"Despite her clear rejection of touching his genital area Mr. Carlson somehow continued to think that he should continue to escalate his sexual acts until she objected," the Judge said.

According to the decision, Carlson had said he was "testing the water" and that the woman was moaning while they were kissing.

"A moan is ambiguous, not unlike the sound 'mmhmm' in a conversation," the Judge said. "They can have very different meanings... (and) they do not necessarily mean yes."

The decision says Carlson moved and touched the woman's genitals under her clothes.

"Similar to his previous actions, that was a progression of his 'testing the water,' it was not reasonable in the circumstances," Judge Guild said. "It was a continuation of his sexual assault."

The Judge said the woman was honest when testifying and admitted it when she had a poor recollection of events.

Judge Guild said regardless of the victim's testimony and based just on the evidence given by Carlson, he was guilty.

A separate charge of forcible confinement was stayed by the Crown.

Carlson will be sentenced at a later date.

READ MORE: Vernon man that raped 14-year-old girl will be deported

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