New trial ordered for man in sexual assault case near Moberly Lake

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The Law Courts building, which is home to B.C. Supreme Court and the Court of Appeal, is seen in Vancouver on November 23rd, 2023. (THE CANADIAN PRESS/Darryl Dyck)

MOBERLY LAKE, B.C. – A man found guilty of sexually assaulting a woman in 2019 near Moberly Lake will get a new trial, after the BC Court of Appeal overturned his conviction.

William Frederic Townsend, who was convicted in 2023 at BC Supreme Court, argued the judge erred in assessing the complainant’s evidence and misapprehending his evidence, particularly the way he behaved after the alleged offence.

Townsend also said the judge disregarded a flaw in the complainant’s evidence in her description of the sexual interaction.

According to the judgment on December 22nd, written by Justice Heather MacNaughton, the complainant had known Townsend since she was 10, but they were never friends.

The woman and a close friend went to a Chetwynd pub on July 19th, 2019 and joined Townsend and his friend at a spot at Moberly Lake, where they drank some more. Townsend invited the group to his home, where they sang karaoke and played a drinking game.

The complainant’s friend went to a cousin’s house across the street and the complainant fell asleep. Townsend checked on the woman to ensure she had not thrown up and got into bed with her.

Townsend testified at the trial he did not initiate physical contact and said he was not interested in the woman. But the woman accused him of sexually assaulting her. She testified she kneed or kicked Townsend in the upper leg or groin area to make him stop.

Townsend claims he woke up with severe groin pain and the woman was gone. When he went outside, he did not see her, but began to have a panic attack and punched the house.

MacNaughton’s decision, concurred by Justices Margot Fleming and Karen Horsman, said the trial judge erred by relying on Townsend’s post-offence conduct to infer guilt.

“Mr. Townsend being distraught and punching the house was no more capable of supporting the inference of guilt than the evidence of Mr. Townsend being upset due to being hit in the groin; his Xbox being stolen; seeing his house in a mess; and seeing [the complainant’s] car there, but she was gone,” said the appeal judgment. “This is especially so in light of his uncontradicted evidence that he had a history of anxiety.”