Newspaper article The Canadian Press

Ontario Police Officer Found Not Guilty of Sexual Assault after Trial

Newspaper article The Canadian Press

Ontario Police Officer Found Not Guilty of Sexual Assault after Trial

Article excerpt

Ontario cop not guilty of sexual assault


PETERBOROUGH, Ont. - An Ontario police officer was found not guilty of sexual assault Wednesday after a judge concluded it was impossible to determine "the actual truth" in the case where a woman claimed she had been raped.

Const. Christopher Robertson had pleaded not guilty to sexually assaulting the woman during an alleged incident that took place in Peterborough, Ont., January 2015, while he was off-duty. The charge was laid after an investigation by Ontario's police watchdog.

The woman at the centre of the case, who cannot be identified, testified that Robertson pinned her down on his bed during sexual intercourse and wouldn't stop when she begged him to.

Robertson, however, testified he only had consensual sex with the woman and didn't sexually assault anyone.

The judge who heard the trial said he was faced with two different versions of what occurred and had to determine whether the Crown had proven the case beyond a reasonable doubt.

"Although it is certainly possible, perhaps even probable, that Mr. Robertson continued to engage in sexual activity with (the woman) after she withdrew her consent, and that he did so in a violent manner she described, leaving her with injuries seen, I cannot be sure this is so," said Justice Stuart Konyer.

"At the end of the day it is impossible for me to determine where the actual truth lies in this case."

The woman, who was 40 at the time, testified that she met Robertson, 55, at a local nightclub during a girls' night out. She recalled having eight to nine rye-and-Cokes over the course of that night, and said she couldn't remember much about what happened.

The trial heard that the pair danced closely and kissed repeatedly. At the end of the night, they ended up getting into the same cab, which took them to Robertson's home.

The woman testified she remembered sitting in Robertson's living room before he picked her up and walked into his bedroom. She said the next memory she had was of being pinned on her stomach, being in pain and not being able to move.

The woman testified she repeatedly told Robertson to stop having sex with her but he would not. …

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