The 35-year-old complainant testified that she and Hutchinson began dating in January 2006. She said she was unable to take birth control pills because they made her depressed, so the couple relied on condoms for contraception. She said she was considering breaking up with Hutchinson when he pressured her to take a pair of home pregnancy tests in early September 2006. The second test was positive. The woman, whose name is banned from publication, said she was going to work at the relationship with Hutchinson and have the baby but changed her mind and broke up with him on Nov. 1, 2006. After ignoring numerous text messages from Hutchinson, she eventually took a phone call from him. During that conversation, the woman testified, he told her not to use condoms she kept in her bedside table because he had pricked holes in them. Hutchinson allegedly apologized for his actions, saying, “I wanted a baby with you so bad.” When the woman checked her condoms, she found that each one had been sabotaged. The events helped the woman decide to terminate the pregnancy. She had an abortion on Nov. 16, 2006. After the abortion, the woman experienced bleeding and severe cramps and was diagnosed as having an infection in the lining of her uterus. She said she never would have had sex with Hutchinson if she'd known what he'd done to the condoms. The court also heard testimony from two doctors and the RCMP officer who handled the woman's criminal complaint. In his cross-examination of the Crown witnesses, defence lawyer Patrick MacEwen got the abortion doctor to state definitively that the woman was nine weeks pregnant when the procedure was done. That would mean the baby was conceived around Sept. 14 — about nine days after the woman said the home pregnancy test came back positive. The woman admitted that she and Hutchinson stopped using birth control after the positive pregnancy test. At the first trial in January 2009, Justice Gerald Moir ruled that although Hutchinson's actions were fraudulent and “dastardly,” they did not constitute a sexual assault. Moir said the complications the woman suffered from the abortion could not be considered serious. But two judges on a three-member Appeal Court panel found that the woman had not consented to unprotected sex. They said the piercing of the condoms “fundamentally altered the nature of the sexual activity in question.” The Appeal Court judges added: “There was some evidence upon which a finding of endangerment or bodily harm could be based.”This donkey is scheduled to return to court Dec. 2 for sentencing.
source: The Chronicle Herald
Wednesday, September 28, 2011
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