WARNING: This article contains details about a criminal sexual assault trial and may be disturbing to some readers. If you or someone you know has been impacted by sexual violence, contact the Central Okanagan at (250) 763-4613 or the RCMP.
More than one week into a criminal trial by jury for charges of sexual assault, a Kelowna Supreme Court Justice has declared a mistrial and the jury has been dismissed.
On July 19, Justice Baljinder Kaur Girn declared a mistrial in the criminal trial of , who has been charged with the indictable offence of sexual assault.
during a trial with a jury, a mistrial might be ordered due to the misconduct of either party or their counsel. Misconduct may include the presentation of evidence to a jury that could unfairly influence or sway their decision.
As is the case in the vast majority of sexual assault cases in Canada, the victim's identity and all identifying information are protected under a court-ordered ban.
The victim, who will be referred to under the pseudonym Jane Doe, took the stand on July 10, and over the next two days, told the court that she experienced two non-consensual acts of sexual assault from Acosta.
Now that the judge has declared a mistrial, Doe may have to take the stand as a witness again in front of a new jury. If the court chooses to proceed with a trial by jury, twelve new jurors will be selected and if Doe wants her testimony to be entered into evidence, she will need to take the stand and undergo direct and cross-examination again.
In the Canadian court system, depending on the evidence available and the perceived severity of the alleged crime, Crown prosecutors can choose to press charges as either summary or indictable offences, depending on the evidence available and the severity of the alleged crime.
Maximum penalties for indictable offences vary but according to the Criminal Code of Canada, being found guilty of committing sexual assault as an indictable offence can be liable to imprisonment of up to 10 years, with a minimum sentence of one year in prison.
A summary conviction is used for crimes that are considered less severe and carry proportionately lesser denunciations.
Acosta is facing charges of sexual assault as an indictable offence, which is the most severe category of crime.
While on the stand as a witness, Doe told the court that during one of the times Acosta is alleged to have assaulted her, she pretended to be asleep. However, she said Acosta persisted and had penetrative vaginal sex with her in spite of the fact that she was wearing a tampon.
When asked under cross-examination why she did not fight or tell him to stop, Doe said, "My body was frozen and I was scared."
She said she was
The court will reconvene on September 9, to schedule a date for a new trial.
