Credibility and consent focus of submissions in sexual assault trial for McMaster professor
Warning: Story contains detailed descriptions of allegations of sexual assault.
Complainant consent and her credibility as a witness - the only one called - were the focus of submissions on Wednesday in the sexual assault trial for McMaster University professor Scott Watter.
Assistant Crown attorney Nancy Flynn said the complainant, a PhD student in the Department of Psychology, Neuroscience and Behaviour (PNB), never wavered in her evidence" and stayed focused on answering questions truthfully, even when the optics did not reflect favourably upon her," calling her composure a hallmark of a credible witness."
The student alleges Watter sexually assaulted her repeatedly over a period of several months in 2017. On separate occasions, Watter, then a friend and confidant, kissed her on the piano bench in his and his wife's basement, held her down, beat her and penetrated her anus with his fingers, and twisted her nipples until they bled, she testified in the judge-only trial that began May 17.
She previously testified before Justice Amanda Camara that she did not consent in any of these incidents. She cannot be identified due to a publication ban.
Watter, 48, is charged with sexual assault and sexual assault causing bodily harm. He has pleaded not guilty.
Flynn said that if the court has reasonable doubt she didn't consent, it should consider whether or not she was capable of consenting. The student was frequently intoxicated when she was with Watter and struggling with mental health, of which Watter was aware. Flynn also pointed to a power imbalance" between them.
She is a student and he is a teacher," Flynn said. There can be no question that a student-teacher relationship is anything but the most classic example of a position of authority."
He assigned her teaching assistant jobs and taught a required course in the program, though the two were academically independent at the time. Watter also took on an informal role as her therapist, supporting her during mental-health crises.
She trusted Scott Watter with her private, personal mental-health issues," Flynn said, reminding the court several times the student was vulnerable."
Flynn said text-message exchanges between Watter and the student, which the defence used in cross-examination to suggest it was a consensual, non-platonic relationship, are irrelevant" and do not prove meaningful consent."
What's relevant is at the time of the touching, was she consenting?" Flynn said.
Defence lawyer Jeffrey Manishen said the Crown's argument that, if she appeared to consent it wasn't meaningful consent, flies directly in the face of the position their own witness takes" - that she didn't consent at all.
Manishen highlighted several inconsistencies revealed in cross-examination
Manishen suggested that her responses were not those of a fair, candid witness" as the Crown submitted. But rather she refused to acknowledge dead-on contradictions" between testimony in chief and previous accounts, including interviews with police and The Hamilton Spectator.
For example, she testified in court after an incident involving spanking that she alleges left her buttocks red and her legs bruised she felt used, filthy and dirty," Manishen said.
But, Manishen pointed out, text messages the following day suggested she wanted more: I have room for more redness," she wrote.
In another instance, she told The Spectator she didn't know what BDSM was, and had to look it up when Watter shared with her his interest in the sexual practice. But she also told police she had an interest in BDSM, Manishen said.
How can one say that that's at all credible?" he said.
The trial is expected to continue Dec. 15.
Resources for survivors of sexual violence:
SACHA (Sexual Assault Centre, Hamilton and Area): 24-hour support line 905-525-4162; sacha.ca.
Children's Aid Society - intake line: (905) 522-1121.
Catholic Children's Aid Society - intake line: (905) 525-2012.
SAVIS (Sexual Assault and Violence Intervention Services of Halton): 905-875-1555.
Sexual Assault/Domestic Violence Care Centre at Hamilton Health Sciences: 905-521-2100 ext. 73557.
Kate McCullough is an education reporter at The Spectator. kmccullough@thespec.com