Darren Webb, born in 1970, was found guilty of assault causing bodily harm and aggravated sexual assault in Penticton Supreme court Wednesday, Feb. 10, 2021.
Image Credit: FILE PHOTO
February 10, 2021 - 7:00 PM
A man accused of sexually assaulting a Penticton woman in her motel room was found guilty in Penticton Supreme Court today.
In what amounted to a case of “he said, she said,” Justice Gary Weatherill said he found more trust in the complainant’s testimony than that of the accused Darren Webb.
The judge pronounced Webb guilty on a charge of assault causing bodily harm and one count of aggravated sexual assault today, Feb. 10.
In rendering his decision, Judge Weatherill recounted previous testimony that described Webb and the complainant as being involved in a once intimate relationship that had become platonic over the past eight years. The two had known each other since high school, but lost touch, only to reconnect in their 30s.
The complainant, 51, was working as a care aid in Penticton on Aug. 24, 2018 and living at the Pass Motor Inn in Penticton after she and Webb were evicted from a previous residence.
Webb, born in 1970, was working and staying in Kelowna at the time, and showed up at the complainant’s motel room unexpectedly that evening.
The two had been sharing accommodations but were no longer involved in a sexual relationship, the complainant testified.
She was out walking her dogs around 10 p.m. and returned to find Webb in bed in the motel room.
He refused to leave and an argument ensued. The complainant testified Webb threw her on the bed, physically assaulted her by choking and punching her, and attempted to rape her.
Webb testified the complainant woke him up to discuss possibly moving to Kelowna, or parting ways.
He said he had asked her if they were together, and she answered, "yes."
He claimed the relationship continued to be sexual, referring to them as ‘engaged,’ but he also admitted they hadn’t been intimate for a while.
Webb said a mutual attempt to have sex that night ‘didn’t work,’ so he told her to leave the bedroom.
The complainant called police following the incident. They arrived at the motel shortly after where Webb greeted them, clad only in a towel. They arrested Webb.
Police photographed the complainant’s bruises, and also took pictures of bloodied towels and sheets in the motel room.
The victim went to Kelowna General Hospital for a physical exam the following day, as there were no rape kits available at Penticton Regional Hospital. The Kelowna doctor concluded the victim’s injuries were consistent with a possible sexual assault.
Justice Weatherill concluded much of Webb’s testimony during the trial was not believable.
Weatherill said the two had two different views of their relationship – the complainant seeing the two as roommates and Webb’s view of them as an engaged couple. He said there was strong evidence an assault took place.
The judge said he did not believe Webb’s assertion that scratches on his face occurred while at work.
“The accused wanted more out of the relationship than the complainant wanted to give,” Weatherilll said.
He said inconsistencies in the complainant’s testimony could be easily attributed to memory lapses over the past three years.
The judge pronounced Webb guilty on both counts.
A pre-sentence report and psychological examination are pending prior to a May court appearance to schedule a date for sentencing.
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