The sexual intercourse a 31-year-old social worker had with a Calgary teen under state supervision was a rape on the boy’s part, her lawyer said Wednesday.
Defence counsel Dale Knisely said the encounter Beverly Allard described in a 1998 police statement wasn’t a predatory act on her part.
“Ms. Allard describes the first incident of sexual intercourse in terms of a sexual assault by (the teen),” Knisely said, in seeking an acquittal for his client.
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Allard, 65, is charged with sexual exploitation over her relationship with the now 47-year-old man between 1990 and 1994, when he was between the ages of 14 and 18.
Crown prosecutor Donna Spaner noted Allard admitted she first had sex with the boy in 1990, when he came to her home after leaving his secure youth facility at William Roper Hull Homes.
She said Justice Lisa Silver should find that encounter, and subsequent sexual relations Allard admitted to, were when she was in a position of trust, or authority over the teen as his case worker at the facility.
But Knisely argued the complainant, who has a long criminal history since his days under youth care, was a violent man who had sex with Allard without her consent.
In her police statement, written to try to get the man out of her life, Allard said the boy came to her house and while they were sitting on her couch he “started tickling me and we ended up wrestling around for a bit.”
But she said she became uncomfortable about the situation and went to her bedroom to “have a moment alone and decide what to do.”
Knisely said that’s when the teen entered her bedroom uninvited, threw her onto the bed, got on top of her and kissed her.
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“He … initiated the sexual contact by kissing her,” the lawyer said.
“So that’s a sexual assault. There was no communicated consent.”
And Knisely said if there was subsequently an ongoing sexual relationship between the two, there was insufficient evidence to show it was while the teen was still under her care as a counsellor and therefore wasn’t sexual exploitation.
But Spaner said the woman’s 1998 statement was not that of a rape victim’s.
“She’s not going to the police to report a rape,” the prosecutor said.
“She finishes that 26-page statement saying ‘I know what I did was wrong.’”
Spaner said Silver should find Allard had a years-long sexual relationship with the complainant while she was in a position of trust or authority over him and he had a dependency on her.
Silver will hand down her verdict next month.
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