WARNING: This story contains details of sexual assault and may affect those who have experienced sexual violence or know someone affected by it.
Former Woodstock, Ontario mayor Trevor Birtch has been found guilty of two more counts of sexual assault.
In a scathing verdict released Wednesday, Superior Court Judge Spencer Nicholson said Birtch “lied frequently and extravagantly and insulted the intelligence of the court” during his testimony.
“I don’t believe Mr. Birtch’s evidence. I found it completely incredible.”
Birtch faced three counts of sexual assault against the same woman in alleged incidents that occurred in August 2021, April 2022, and between January and April 2022.
He was found not guilty of the April 2022 sexual assault because the survivor’s memory was too vague, Nicholson said.
The woman has both psychological and physical medical problems, and said she frequently used substances to cope, causing some memory loss and confusion, Nicholson said from the London court. “I found her credible,” he said.
But the judge painted an unflattering picture of the then-former mayor and found that Birtch supplied the woman with drugs and alcohol to make her more vulnerable to his sexual assaults.
“I found that they consumed large quantities of cocaine and alcohol while in each other’s company. He was the one supplying the cocaine,” Nicholson said. “His drug addiction was largely fueled by Mr Birtch.”
The survivor’s identity is protected by a publication ban. The two were involved while he was mayor and served on the police services board, which oversees the organization.
Previous guilty verdict, mistrial
Last year, Birtch was convicted of sexual assault and battery against an ex-girlfriend, but the trial was declared a mistrial because the judge found the politician’s rights had been violated when the Crown failed to disclose evidence used in the second trial that could have been applied. at the first.
On Wednesday, Nicholson said the facts of the first case, or the circumstances surrounding the mistrial, did not affect his verdict.
“To put it mildly, this is a strange case,” the judge said. “Each charge must be evaluated on its own merits. I must not allow Mr. Birtch’s vile and offensive language to prejudice my decision.”
Part of the second trial revolved around December 2021 voice notes that Birtch sent to a friend about torturing and sexually assaulting the complainant in his attic over a series of days, which the complainant did not remember. But Birtch’s “enthusiasm is palpable and haunting” as he describes the torture.
“While it is unlikely that the attic torture occurred, it is clear that he repeatedly victimized her. Her vulnerability made her the perfect victim,” Nicholson said.
Birtch would come and buy her food and gifts, as well as cocaine and alcohol, and promise to help her keep her apartment, the judge said.
“It is clear that he frequently engaged in non-consensual sexual activity” with the woman, Nicholson added.
The case will return to court in May to hear a pre-sentence report.
Discussions on the next steps in the process that ended in a mistrial are scheduled for January 28.
Birtch faces a charge of driving under the influence which will appear in court on February 11.
Support is available for anyone who has been sexually assaulted. You can access local crisis lines and support services through this Government of Canada website or the Ending Violence Association of Canada database. If you are in immediate danger or fear for your safety or the safety of others around you, call 911.
