Sex assault trial turns on identity and consent

Cam Fortems / Kamloops Daily News
January 8, 2013 01:00 AM

A woman who waited more than a month to report what she now claims was a sexual assault said she delayed because she was ashamed she didn't fight back.

Kyle Yamelst is charged with sexual assault in a B.C. Supreme Court trial before a 12-person jury.

"I felt stupid because I didn't do anything," said the woman whose identity is protected through a court order.

"I didn't want people to know how weak I was," she testified through tears.

At the beginning of the trial, Crown prosecutor Chris Balison outlined the events of Dec. 29 and 30 th, 2010. He said the woman ended up with some friends and family at a party in Spences Bridge, where she was visiting on the night of Dec. 29.

Earlier that day the woman testified that she was upset she had to hand off her young daughter on her birthday to a former spouse. She began drinking with friends at about 7 p.m. in a Lytton bar. By the time she reached the house in Spences Bridge, she'd had about 10 drinks.

She said she drank more at the party and also took cocaine. She testified she spoke only a few words with Yamelst that evening, whom she'd met for the first time. He was also in the room when she snorted cocaine.

Later that evening, the woman in her 20s ended up having sex in the basement of the house with a friend she'd known for a decade. Both fell asleep.

He left in the morning daylight to get a ride, while she fell back asleep.

She told the court she awoke some time later feeling "pressure" on top of her and realized someone was having intercourse with her. She glanced up briefly at what she said was Yamelst's face, then closed her eyes turned away and "blacked out."

"I was confused at first," she said. "I didn't know if it was a bad dream. I was scared. I felt really dirty."

She awoke later and said little to her aunt, who was also at the party that night and in a neighbouring bedroom.

"Did you say, 'Kyle raped me?'" asked Yamelst's defence lawyer, Don Campbell.

"Did you say, 'No, stop?'"

The woman said she was scared and confused. She said nothing about being assaulted, but implored her aunt to take her home.

She eventually went to RCMP on Feb. 8, about five weeks after the evening's events.

The trial is scheduled for five days and will continue Tuesday.

© Copyright 2015 Kamloops Daily News

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