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Relations with both women alleging sexual assault was consensual, accused says

February 24, 2017 - 9:36 AM

KAMLOOPS - Mathew Rittinger says he had consensual sexual relations with two women after a New Year’s Eve party, despite both testifying he sexually assaulted them.

Rittinger, 25, is charged with two counts of sexual assault stemming from New Year’s Day in 2015. Both complainants in the case said they didn’t agree to sexual touching from him.

Rittinger, who was a TRU student at the time, said he was drinking with friends on the evening of Dec. 31, 2014, before heading to a party in Aberdeen. He testified that the alcohol he consumed that night didn’t have much of an effect on him.

He said he met the women, who will be referred to as Complainant One and Complainant Two, and chatted with them a few times throughout the night.

Rittinger, as well as both women, testified that he offered them a place to sleep since they could not get a cab to leave the party. They agreed and went back to his home.

Complainant One went to sleep in a guest bedroom while Rittinger and Complainant Two went to his bedroom. They became friendly and kissed during the party, according to both of their testimonies.

Complainant Two told the court the two kissed on his bed, but she did not want to have sex with him. She said she was aggressively handled by Rittinger who kept touching her after she told him to stop several times.

But Rittinger told a different story in court yesterday, Feb. 23. He said Complainant Two got on top of him while they were kissing, but once he started trying to touch her vagina over her pants she said she did not want to sleep with him.

Rittinger testified that he tried to tell her there were other things they could do besides intercourse. He told the court he tried to convince her oral sex was worth trying out.

Rittinger testified that Complainant Two eventually agreed and began performing oral sex on him for a few minutes before abruptly stopping.

“I assumed she wanted me to reciprocate,” Rittinger said. “That’s when I unhooked her bra.”

Rittinger told the court he began moving his head toward her vaginal area but she told him she didn’t want to do anything else. He asked her why.

“I didn’t really get a clear answer so I was confused,” Rittinger said.

Crown prosecutor Camille Cook pointed out Rittinger’s words in a statement he gave to police one week after the incident. He told the officer in his statement that he stopped the oral sex Complainant Two was giving him because he was ‘confused.’

Rittinger said that’s not what he meant in his statement. He said he meant he stopped trying to give her oral sex when she told him she didn’t want to.

“Did (her stopping) bother you?” Cook asked.

“It didn’t bother me, no,” Rittinger said.

“Did it irritate you?” Cook asked.

“I guess a little bit,” Rittinger said.

Once Complainant Two made it clear she didn’t want to continue sexual activity, Rittinger testified he went downstairs to “check on the house.”

But Cook read out a portion of his police statement which said he went downstairs to ‘try his shot’ with Complainant One.

“You went downstairs because you were horny,” Cook said.

“No,” Rittinger replied.

“You went downstairs to find someone to have sex with,” Cook said.

Rittinger said that wasn’t his initial intention when he went downstairs. He testified that he entered the room Complainant One was sleeping in and asked if there was room for him. She said yes and he got into the bed with her.

Rittinger said he and Complainant One began cuddling, which eventually led to kissing and touching. The pair had, what Rittinger calls, consensual sex. He said he ejaculated inside of her before asking if she was on birth control.

He said he went upstairs where he found Complainant Two on his laptop. He said he asked her if she was OK and if she needed anything, to which she suggested that she didn’t.

“So this random girl who had been felating you earlier is now in your living room on your laptop,” Cook said.

She asked Rittinger if a stranger on his laptop concerned him, or if he was worried she was going to steal it. He said she seemed like a nice person and he didn’t have concerns.

Rittinger testified that he went back downstairs, where he asked Complainant One to have sex again. She said her ride was on its way and that there wouldn’t be enough time.

“She didn’t say no,” Rittinger said. “She was suggesting there wasn’t going to be enough time.”

Rittinger testified he told her there was enough time, so the couple had sex again but ended shortly after when her friend arrived to pick her up.

He said Complainant One gave him oral sex for “a couple of seconds” before leaving the home.

Cook also questioned him over his alcohol consumption that night. He told the court he was still coherent and could remember what he saw, heard and did. But in his original police statement, he had told officers he had been pretty drunk.

Rittinger said he was telling officers what he could remember and that he didn't have time to think about the night before being interviewed by police.

"I didn't have a chance to re-think the night," Rittinger said.

"So you needed time to think about what your answers were going to be," Cook said.

Rittinger denied that and said he just hadn't gone over the timeline of events.

Rittinger’s trial is expected to wrap up today.

For more on this case, go here.


To contact a reporter for this story, email Ashley Legassic or call 250-319-7494 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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