Defence at sex assault trial suggests McMaster University student tried to ‘reconstruct’ past events during cross-examination
Defence counsel suggested during trial Tuesday a McMaster University student was trying to reconstruct" past events in order to justify what she wrote in text messages to her former professor.
This was the second day of cross-examination centred on a series of text-message exchanges between the complainant and McMaster professor Scott Watter, who she alleges assaulted her repeatedly over a period of several months in 2017.
Watter, 48, is charged with sexual assault and sexual assault causing bodily harm. He has pleaded not guilty.
The judge-only trial began May 17.
The complainant, a PhD student in the Department of Psychology, Neuroscience and Behaviour (PNB), cannot be identified due to a publication ban.
In trial, which resumed Tuesday after being adjourned for several weeks, defence lawyer Jeffrey Manishen read days' worth of text messages from April and May of 2017, following the first alleged assault, an unwanted kiss on the piano bench in Watter and his wife's basement.
The student alleges that on separate occasions he held her down and beat her and penetrated her anus with his fingers, and twisted her nipples until they bled. She previously testified that she did not consent in either of these incidents.
Manishen said several text messages appeared to show Watter and the student shared similar views about their relationship and both consented to intimate activities, including BDSM sexual practices.
In an April 23 exchange, Watter and the student message back and forth about the previous night, which they spent together at the professor's house: You left bite marks on my legs," the student wrote. And, minutes later: I'm not mad, it's just funny."
Watter said he would be more careful going forward, and asked how she was feeling about the progression of their relationship. She suggests they scale this thing back" until the fall. Texts show the two had discussed advancing their relationship - romantic, Manishen suggested - in September, once another student Watter was involved with moved to another city.
What Manishen describes as teasing" continues into the next day: I can't promise that you'll behave now that you've had a taste," the student wrote.
In the exchange, both agreed the next time they crossed paths wasn't awkward.
You weren't uncomfortable, were you," Manishen prompts.
The complainant admits she doesn't come across as extremely uncomfortable" in the texts. She also said repeatedly she doesn't remember details about these conversations.
Maybe I was trying to convince myself things weren't awkward," she said. She previously said she sometimes uses humour as a coping mechanism.
Or maybe you weren't feeling uncomfortable, but today you're trying to justify what you wrote," Manishen counters.
The complainant disagreed. This is a common pattern I engage in when I feel uncomfortable."
The student said Tuesday it's possible she consented at certain moments and was interested in a non-platonic relationship with Watter. But she also said she was very, very mentally ill" and had a severe drinking problem" at the time.
Her former professor, who she testified had been a friend and confidant, knew she was struggling with mental health. He was in a position of authority and held a degree of power over" her, she said. It was a very confusing time," she said.
The trial resumes Thursday.
If you are a survivor of sexual violence and need support, please see the resources below:
SACHA Sexual Assault Centre Hamilton and Area: 24-hour support line 905-525-4162; www.sacha.ca.
McMaster University Sexual Violence Prevention and Response Office: svpro@mcmaster.ca; svpro.mcmaster.ca.
McMaster Students Union Women and Gender Equity Network (WGEN): wgen@msu.mcmaster.ca; msumcmaster.ca/service/wgen.
Kate McCullough is a reporter at The Spectator. kmccullough@thespec.com