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A Miramichi-area man, Mr. C who is in his 60’s, was in court last week to begin a trial on charges of sexual assault. The complainant in the matter, Ms. B, came to police in October 2023 and made a statement alleging sexual harassment, as well as multiple sexual assaults by a male member of her church. The allegations date back to the summer of 2023 when Ms B worked as a summer student at a church where  Mr C also worked.

Related Stories:  Part 2 of this trial

There is a publication ban that prohibits the publication of any information that would identify the complainant.

The police officer in charge of the investigation was the first to testify in the trial. He stated that it wasn’t until after he spoke with the pastor at the church that he went and arrested Mr. C. He said the pastor corroborated what Ms. B was saying and also mentioned that he took the keys to the church away from Mr. C so he would not have easy access to the woman accusing him. The officer said Mr. C gave a statement but only told police that he had nothing to say. He also mentioned that Mr. C was emotional. His telephone was seized because police believed there might be an incriminating picture on it, as per one of Ms. B’s specific allegations. Mr. C was released after his arrest and was instructed not to have any contact with Ms. B.

The officer was questioned about the statement Ms. B provided. He said she came to the station with a friend for emotional support, who was present during the statement. He noted that while this is not common practice, he has seen it done a few times in the 20 to 30 sexual assault cases he has handled. He also said Ms. B brought notes with her when she gave her statement and referred to them frequently. The officer permitted the use of these notes, which he said related to the specific incident with Mr. C. He mentioned that Ms. B’s friend said a few things to her but did not tell police anything else.

The officer was asked if Ms. B was not interested in pursuing charges and only wanted a restraining order. He denied this but acknowledged that she seemed uncertain about how to proceed. The officer also said that at the time of her statement, Ms. B had not seen a doctor, and he did not recall if he asked her to release medical records. When asked if she may have seen a doctor for other matters, the officer replied that she had other issues happening in her life at the time.

The officer was questioned about why he spoke with the pastor. He explained that he believed he had enough information from Ms B to proceed with charges but wanted to see if the pastor would corroborate the allegations. He clarified that the pastor had not witnessed any of the alleged assaults.

Next, the officer was asked if he had received audio recordings from Ms. B. He said she played the recordings for him during her statement, but he only received copies nine months later. She had experienced difficulties downloading them from her phone and provided them to the officer on a USB memory stick in July 2024. The officer admitted that the recordings were not complete conversations, the sound quality was poor, and no one identified themselves on the recordings. However, he said he could recognize the voices as those of Ms. B and Mr. C.

Church Pastor Testifies

The second person to testify was Pastor J. He stated that he has known Ms. B for years, as she is friends with his children. He said that at the time, Ms. B was living with a member of the church, who was the woman who accompanied her to the police interview. Pastor J mentioned that Ms. B was a summer student working at the church during the time of the allegations. He also knew Mr. C because he did maintenance at the church. He said Mr. C and Mr. B spent time together at the church, as they both worked there, and described Mr. C as being kind to her. Ms. B also lived with Mr. C and his wife that summer because she was struggling and needed a place to stay.

Later in the summer, Pastor J said Ms. B came to him to complain that Mr. C was being overbearing. He noted that Ms. B was on a trip with the pastor’s family at the time, and he observed that Mr. C called her about a dozen times over the weekend they were away. Ms. B told the pastor that Mr. C was pursuing her inappropriately — he admitted it was hard to believe but believed her. He said she became progressively more withdrawn throughout the summer. In September, Pastor J said he spoke with Mr. C about the concerns Ms. B had raised and mentioned that Ms. B had played some telephone recordings related to her concerns. Pastor J wanted Mr. C to stop interacting with Ms. B, and the church leadership also met to discuss the issue. After Mr. C agreed to cease contact, Ms. B became less apprehensive and came forward with more specific allegations. At that point, the pastor said he removed Mr. C’s access from the church, against the wishes of church leadership, and noted that Mr. C was very upset.

Following Mr. C’s removal from the church, Ms. B began to open up more to the pastor about the details of the assaults. She told him that Mr. C pinned her against the wall at the church and tried to kiss her. She also reported that Mr. C entered her bathroom while she was showering, and on another occasion came into her bedroom, touching her and trying to persuade her not to resist his advances. She described another incident where he attempted to assault her but could not get an erection. The pastor said Ms. B was extremely emotional and explained that she delayed reporting the assaults because she felt nobody at the church would believe her. At that point, the pastor encouraged her to go to the police, even if she was in distress. The pastor stated he continues to maintain contact with Ms. B, but not with Mr. C, who has not returned to the church since then.

The Crown admitted to the court that the pastor’s testimony was to support the timeline of the events and not to be offered for the truth of its contents. The defence agreed.

Under cross-examination, the pastor said he worked closely a few days a week with Mr. C around the church, and that Ms. B was doing other tasks. He stated that Ms. B lived with her sister for a while before starting to stay with Mr. C and his wife. The pastor explained that he and Mr. C discussed Ms. B’s safety, as she was having trouble with an ex-boyfriend, and they both felt responsible for her well-being. She told the pastor that Mr. C and his wife were expressing too many opinions about how Ms. B should lead her life, and she felt they were overbearing. The pastor said he was not aware of where Ms. B was staying on a daily basis, whether she was with Mr. C or at her sister’s place. He mentioned that he brought up the issue of her feeling overbearing to Mr. C and spoke to him a second time after Ms. B disclosed the sexual assault allegations and eventually brought the issue to the church leadership. The pastor said that after the police got involved, he did not speak with Mr. C again.

Ms. B takes the stand

Ms. B testified that she is in her early 20s and lives with a female from the church. She stated that she stayed with Mr. C and his wife in July and August of 2023, more frequently in August than in July. She explained that she was living there because she had been living with her sister but left due to her marijuana use and to get away from her former boyfriend.

While staying at Mr. C’s house, she slept in an upstairs bedroom, and Mr. C and his wife slept in a downstairs bedroom. She said she stayed there until the flirting and assaults became too much. She testified that by the time she went to the police, she was depressed and suicidal. She described the following alleged incidents:

Incident 1:
At 10:30 p.m. in late July, she was spending time with Mr. C and his wife, and they all decided to say good night. After she went to bed, Mr. C came upstairs to check on her, entered her room, and shut the door. He sat on her bed and told her, “God made me just for him,” and rubbed her arm. She told him he was married, but Mr. C said that didn’t matter. She said he didn’t leave when she asked him to. She stated he said he cared for her deeply and asked her to take her pajama bottoms off. She kept reminding him of his wife, but he didn’t leave.

Ms. B said Mr. C put his hand down her panties and took a photo “for later.” She said she did not want him to do that and told him to stop while he was doing it. She added she never saw the photo. When asked if this was the first time anything had happened, she said it was the first time he touched her, although he had flirted with her before. She said that after he left, she put her pajama bottoms back on.

She was asked why she didn’t leave right away. She responded that she finally felt like she belonged somewhere — at the church, a place to live — and knew if she left, that would be questioned.

Incident 2:
Ms. B said that in August, while the pastor was on vacation and not around, she and Mr. C were working at the church one day when he approached her and asked for a “holy kiss.” She refused, reminding him of his wife, but he said that didn’t matter. He asked again and grabbed her by her arms, not letting her go. When she again refused to give him a “holy kiss,” he asked if he made her nervous, apologized, and said he cared for her very much.

Incident 3:
Also in August, Ms. B said she was preparing to take a shower in the upstairs bathroom when Mr. C entered and said he was only there to grab a few things. She told him the bathroom wasn’t big enough for two people and reminded him that his wife was downstairs. He insisted his wife would never know. She said he instructed her to get into the shower, which she did. While she was in the shower, she claimed he masturbated outside the closed shower door and asked her to do the same. She asked him to leave again, but he said it was alright. She described feeling nervous and scared that his wife might come upstairs and find out, stating it “would be exposed.”

Incident 4:
One morning in August, Ms. B said she woke up and saw Mr. C standing in the doorway watching her sleep. She testified that Mr. C told her she looked like an angel when she was sleeping and couldn’t help but watch her. She said he sat on her bed, and she wanted to go back to sleep. She said he touched her hair, she rolled toward the wall, and he lay down beside her. She told him he had to leave and expressed concern that his wife might wake up.

Ms. B said Mr. C “got undressed and everything, and I took my pajamas off, and that’s when the assault happened.” She described the alleged assault, stating he touched her in her private area and suggested they get it over quickly while his wife was sleeping. She said she eventually stopped protesting because she felt it wasn’t working and didn’t want to wake his wife. She estimated she told him to stop “probably half a dozen times.” She said he had intercourse with her, which she did not want to happen.

The Crown asked if Mr. C applied any force, and she said he put her hand over her mouth and told her if she was quiet, his wife wouldn’t wake up.

Incident 5:
Near the end of August, Ms. B, Mr. C, and Pastor J were on a road trip to help a church member move furniture. While stopped for gas and with Pastor J out of the truck, Mr. C rubbed her leg and complimented her. She asked him to stop.

After recounting the incidents, she reiterated that she never consented to any of the alleged assaults. She explained she waited to leave Mr. C’s house until she had enough evidence — referring to telephone recordings she made. She said her last contact with Mr. C was at the car wash, where she told him to leave, and he did. She called the police afterward, but they said no crime was committed.

The defense was given an opportunity to cross-examine Ms. B, but the lawyer for Mr. C stated there was new information that she was not expecting and requested time to review it before beginning the cross-examination. Judge Cripps adjourned the trial until the following week.

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Support is available for people triggered by reports of sexual violence Contact Miramichi Safe Harbour Sexual Violence Services at (506) 773 7472 or coordinator@safeharbourservices.com. For more information: www.facebook.com/miramichisafeharboursvs