Chase guidance counsellor acquitted of sexual assault charge

Nov 27, 2018 | 10:08 AM

KAMLOOPS — Tears filled the eyes of a guidance counsellor for a school in Chase after learning he was acquitted of a sexual assault charge against one of his students.

The man, who CFJC Today is not naming to protect the identity of the complainant in the case, faced charges after a student came forward saying he had touched her sexually on two separate occasions. He was charged with one count of sexual interference and one count of sexual assault.

A student testified that she sought guidance from the counsellor, who also taught at the school. The allegations stemmed from an incident when she left her water bottle in the teacher’s classroom.

She went back near the end of the day to retrieve it, which is when the man allegedly rubbed her back and touched her buttocks. Kamloops Provincial Court Judge Marianne Armstrong said in her verdict today (Nov. 27), that the girl testified during trial that she walked out of the classroom after the incident, but a few days later the counsellor called her out of class and into his office for an appointment.

The girl testified that she went to the appointment and the counsellor began discussing heartbeats with her, before asking if he could feel hers. But she claimed that he instead touched her right breast.

Days later, two girls who had befriended the complainant at the beginning of the school year walked into a school washroom, where they found the girl crying.

They asked her what was wrong, and she confided in them what had allegedly happened to her. Armstrong pointed out that the girl was also emotional at times during her testimony.

Once she had confided in her friends what had happened, they encouraged her to come forward to a teacher, who then brought her to the principal. The accused teacher and counsellor was then placed on suspension.

 The man accused of these crimes completely denied the allegations during trial, Armstrong said, insisting that although he had worked with the complainant, he had never made any physical contact with her.

“I reject the assertion that [the complainant] fabricated the allegations,” Armstrong said in her decision.

Although Armstrong pointed out that the complainant was honest and competent on the stand, her evidence left the judge with reasonable doubt as to what really happened during those two incidents.

Armstrong said there were significant gaps in the girl’s memory, and said the counsellor’s testimony explained a lack of opportunity for the incidents to have happened in November of last year due to periods of him being absent during the month.

“I have a reasonable doubt,” Armstrong said. “I am not satisfied that the Crown has proven these allegations beyond a reasonable doubt… I find you not guilty.”