'I didn't want her there': Son of ex-Woodstock mayor in sex assault trial says he escorted woman out of house

Warning: This story contains graphic details of alleged sexual assaults.

Trevor Birtch's son testified on Wednesday that he wasn't aware his father was in a romantic relationship with the woman who's now accusing the former Woodstock mayor of sexual assault. 

Ben Birtch, 18, told the London court that he was abruptly woken up on a school night on Dec. 13, 2021, by his dad yelling "get out" to the woman he alleges broke into his bedroom that night.

"I then get dressed and go up the stairs and I hear my father say [to the woman], 'Look what you did — you woke up Ben.' I get up to the top of the stairs and I see the TV falling and the woman hiding behind the TV stand," said Ben, who was 16 at the time and was living with his dad.

Ben said he didn't expect to see the woman — whose name is protected under a publication ban — in their house and told her to leave before escorting her out the house. Ben said she told him she needed to grab her shoes, which she left in Trevor's room, and later left the property.

"I didn't want her there anymore because she had, in a way, woken me up and was disturbing my night," Ben said.

He said he met the woman a few times during the summer of 2021 and initially got along "quite all right" with her, but believed she and his dad were just friends. He said his view of the woman turned sour after the few times he noticed the way she spoke to and behaved with his dad.

The trial, overseen by Superior Court Justice Michael Carnegie, is scheduled to run for four days. 

It began Monday, when Birtch, 49, entered not guilty pleas to two counts of sexual assault and one count of assault stemming from allegations made between Feb. 14 and Dec. 13, 2021. He was charged in February 2022 and stepped down from his second term as mayor several months later. 

Post-breakup texts shown to court

Earlier on Wednesday, Crown lawyer Artem Orlov showed the court evidence that Birtch and the woman he began dating in April 2020 stayed in contact with each other after their relationship ended in 2021.

In his cross-examination of the former mayor, Orlov presented text message exchanges between Birtch and the woman from Dec. 25, 2021, to Jan. 1, 2022. 

Birtch began testifying on Tuesday, speaking on each of the three alleged incidents involving the woman in April 2020. He said the woman refused to let him break up with her and caused him physical injuries on multiple occasions. 

Birtch said he called it off with the woman in November 2021 and insisted the two were no longer in a relationship during their last face-to-face interaction at his home on Dec. 13, 2021.

That's also when Birtch claims the woman broke into his house. But in her testimony Tuesday, she said he invited her over and she snuck into his bedroom by climbing a carport so she wouldn't wake up Ben.

Text message chain

A 14-page exhibit of text messages that were shown to court involved Birtch quoting lyrics to a song, by Jelly Roll, that the woman sent to him.

During the period of Dec. 25, 2021, to Jan. 1, 2022, Birtch sent her a message asking if she wanted to stop by his place before he fell asleep for the night. 

Birtch said he invited her over to return his belongings and there was a phone call before those texts. During the call, the woman agreed to drop off his stuff that he had requested from her. He said that on Dec. 24, he delivered Christmas gifts to the woman for her daughter.  

"I would've been inviting her to drop off my belongings," he said. "This was not an invitation to come inside the house."

On Dec. 30, Birtch sent the woman a link to his Facebook post, in which he announced the death of a loved one, and the woman responded with her condolences for his loss. Orlov suggested Birtch sent those messages to seek her support, but Birtch denied that, saying he just wanted her to be aware.

On Jan. 1, 2022, Birtch wished the woman and her daughter a happy new year, which he said he wished all his friends.

"Despite her wreaking havoc in your bedroom a few weeks before [Dec. 13, 2021], you were on good terms?" Orlov asked. 

"Not good terms, but I was being cautious to be nice and friendly with her," Birtch responded. 

'A scorned woman'

Orlov then grilled Birtch on why he never reported his injuries to the police, despite sitting on Woodstock's Police Service Board, or sought medical attention for any of the multiple injuries he said she caused. Birtch said he didn't consider those injuries to be serious. 

The woman testified Monday that on Dec. 13, Birtch forced her to perform oral sex and refused to let her stop to the point where she threw up, and at one point bit his penis. During his cross-examination, Birtch denied that happened.

Orlov referred to Birtch's video statement with a London police detective from when he was arrested on Feb. 2, 2022, where the officer asked if she bit his penis, and he responded "among other things."

Orlov then played a clip from Birtch's interview with the investigative officer, who asked him why the woman was bringing forth charges from 2021 incidents, to which Birtch responded, "a scorned woman," with a brief chuckle. 

When the detective referred to the woman as Birtch's girlfriend, he corrected the officer and said she was his friend, later explaining in court that his relationship with the woman wasn't exclusive. 

The Crown and defence will present their closing submissions Thursday. 

For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via the Ending Violence Association of Canada database. ​​If you're in immediate danger or fear for your safety or that of others around you, please call 911.