In April 2017 a young woman visiting Sun Peaks was assaulted by a security guard who agreed to walk her home, a recently publicized B.C. Supreme Court Decision states.
Shawn Christopher Gray, 38, was found guilty of one count of sexual assault in August.
The woman, identified only by the initials C.F., said during the trial that it was the last night of a music festival and she had been drinking wine with friends in their rental accommodation before going to a concert and The Underground (a venue) where she didn’t drink.
While at the venue she said she became separated from her friends and told Gray she was trying to get home; he offered to walk her back to the chalet.
Gray, a contracted employee, was on duty for the event in asset protection, ensuring guests don’t go in hazardous areas and protecting valuable property. According to the court documents this was a post that must be covered at all times.
Despite this and the fact that security was not permitted to do safe walks due to insurance and staffing limitations, Gray offered to walk C.F. the 20 minutes home.
During the walk, the decision states, C.F. slipped and fell on the ice and snow. She said she told Gray at one point that even though he was walking her home he wouldn’t “get lucky.”
Once at the chalet C.F. entered the code to unlock the door, she said she has no memory of inviting him in but clearly remembered standing at the door, thanking him and telling him to leave. She explained Gray helped her with her shoelaces and coat but she felt uncomfortable and felt her stomach drop when she realized he wasn’t leaving.
C.F. was able to text a friend that the guard was there and needed to leave.
While in the house together Gray assaulted C.F. During the assault her friend arrived at the house, interrupting Gray, and took a picture of Gray which was later used to identify him. The friends called 911 and two RCMP officers attended.
The trial’s judge decided Gray was not a credible witness as there were inconsistencies and parts of his testimony that led him to believe he could not rely on his evidence.
He also accepted DNA evidence collected from Gray’s clothing that further proved sexual assault.
“I conclude that Mr. Gray proceeded on the mistaken assumption that C.F.’s silence and passivity coupled with a lack of physical resistance constituted consent to sexual activity. However, silence or passivity cannot equate to communicated consent because silence and passivity do not communicate anything,” Justice Steven Wilson said in his decision.
In October Gray was sentenced to three years in jail with a DNA order.