Ex-Woodstock mayor Trevor Birtch 'very different behind the scenes,' complainant tells sexual assault trial

WARNING: This story references allegations of sexual assault and includes graphic details:

The complainant in the Trevor Birtch trial was challenged during cross-examination on Friday about her claim she was sexually assaulted by the former Woodstock, Ont., mayor during a car ride with him to a beach area on Lake Erie. 

The woman, whose identity is protected by a court order, was questioned by Birtch's lawyer, James Battin, about her earlier testimony of events on Aug. 15, 2021, while on the drive from Woodstock to Turkey Point, about an hour south. 

In testimony earlier this week in London, the woman said Birtch did nothing to prevent her from being beaten by a man who joined them to eat at a picnic table while Birtch cooked hot dogs on a portable stove. The woman said Birtch had later forced her to perform oral sex on him during a roadside stop despite her having suffered injuries in the earlier attack by the man. 

Battin suggested that his client tried to stop the assault at the picnic table. 

"I'm sorry sir — I disagree," the woman said. "Trevor did nothing." 

Battin also suggested Birtch didn't drink alcohol or use cocaine that day, countering the woman's earlier testimony. 

Regarding the alleged assault, the woman testified earlier that Birtch had pushed her face toward his crotch during a roadside stop. Battin suggested Birtch was instead trying to hold her steady as she squatted to urinate at the roadside. The woman denied any suggestion that the assault didn't happen. 

Woman 'ashamed' she continued seeing Birtch

The woman, who's in her late 30s and whose identity is protected by court order, had dated Birtch on and off from 2017 to 2022. 

Birtch served two terms as mayor until his defeat in 2022. The Ontario Superior Court trial, which started on Tuesday and is scheduled to continue into next week, is being heard by a judge alone. 

Now 49, he's pleaded not guilty to three counts of sexual assault relating to the woman, who began her testimony on Thursday afternoon. 

In court, the woman has struggled at times to answer specific details of the alleged assaults, particularly around dates they were said to have occurred. 

Under questioning by assistant Crown attorney Jennifer Moser early Friday, the woman described a general pattern of abuse.

She told the court that Birtch would go to her downtown Woodstock apartment on an almost daily basis. She said he would often abuse her and act inappropriately, but she would allow him to see her again. 

"I was ashamed," she said. "I was embarrassed that I kept hanging out with him and allowing him into my life."

At times, Moser let the witness read short sections of a statement she gave to police in April 2022 to jog her memory about details, in particular, dates on when the alleged assaults occurred. 

The witness was asked about an incident at a house where Birtch was living. She recalled helping him set up a table and putting other items inside a small attic space that was concealed behind a wall and located off an upstairs bedroom.

Witness told woman about 'disturbing' tapes

The court heard that an acquaintance of the woman reached out to her, warning that she'd heard audio recordings of Birtch bragging about spitting on and beating her in the attic over three days. 

"She said they were disturbing," recalled the witness.

She said she told the acquaintance who had the tapes to send them to police, but never heard the recordings herself. The acquaintance who warned the woman about the tapes can also not be identified by court order.

During her testimony Friday, the woman couldn't recall many details about the alleged attic assault, but she remembered staying over at the house and having to remain behind a computer monitor while Birtch joined a council meeting via video conference. 

The woman said that at times, Birtch would turn off the monitor, use cocaine and return to the council meeting being held via video chat due to COVID-19 restrictions at the time. 

'I'm too high — get off me'

The woman testified Birtch raped her on the couch of her apartment on April 5, 2022, after she took a car ride with him to Otterville, and that at the time, she was too high and intoxicated to give consent. 

"I remember being on the couch, being too inebriated to move, but I could still speak," she told the court. "I remember saying to him, 'I'm too high. Get off me. Stop.'"

The woman asked if she was motivated to go to police about the alleged assaults because Birtch was the mayor. 

"Yes, because I'm the kind of person that if you are in a position like that, you need to respect and honour your position," she said. "All the things he was praised for, he was very different behind the scenes." 

Birtch was convicted last month in a separate sexual assault case. He served two, four-year terms as Woodstock's mayor before he was defeated in the October 2022 election. 

The trial is scheduled to resume on Monday.

Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through this Government of Canada website or 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.