Judge acquits N.S. man in sexual assault of Carrie Low

One of two Nova Scotia men accused in a high-profile sexual assault case has been acquitted.

Judge Jill Hartlen of Nova Scotia Provincial Court ruled Tuesday that the Crown has failed to prove that Brent Alexander Julien attacked Carrie Low in May 2018. Judge Hartlen accepted that Low was sexually assaulted by two men, but she said the identity evidence was not strong enough to convict Julien.

Low took the unusual step of having the publication ban on her name lifted, so that she could go public with her fight for justice. She has accused Halifax police of mishandling the investigation into her case.

Security video from a Dartmouth bar was played at Julien's trial. It showed Low, Julien and three other men, all drinking on the night of May 18, 2018. The last clear memory Low has of that night was leaving the dance floor of the bar.

Low has alleged two men confined and raped her in a trailer in East Preston, N.S., as she drifted in and out of consciousness.

She woke up several hours later and was only partially clothed. She only has fragments of memories from that period.

Testimony revealed that Low had a blood-alcohol reading of at least 0.161 per cent that night, enough to slow her reactions and impair her judgment. Low has alleged her drink was spiked with drugs. The drug MDMA, better known as ecstasy or molly, was also found in her system. 

Police were able to identify Julien and another man, Alexander Joseph Frederick Thomas, from the bar video. Thomas was also charged with sexual assault, but he was killed in November 2021 before the Low case went to trial.

Evidence from Julien's trial revealed Thomas's DNA was found on some of the clothing Low was wearing on the night she was attacked.

Low sobbed quietly in court after the verdict was announced while Julien and a couple of his supporters offered a brief smattering of applause for the judge's decision.

Low composed herself as she spoke to reporters outside the courtroom.

"I actually was prepared for a decision like today. It's still shocking to hear," she said.

The Elizabeth Fry Society has supported Low throughout her fight. Executive Director Emma Halpern echoed Low's criticism of how police handled the initial investigation.

"Obviously hindsight is 20-20 and we can't predict what would have happened had things gone differently," Halpern said.

"But we have to look at this in light of the fact that the police never went to the crime scene, not once."

Low has complained to the Police Review Board and launched a civil lawsuit over the police handling of her case. She said with the criminal cases now finished, she will focus her energy on those actions.

Julien brushed by reporters without commenting. But his lawyer said his client was relieved by the decision.

"The defence position is that undoubtedly Ms Low was sexually assaulted, and sexually assaulted by two different individuals," lawyer Jonathan Hughes said outside court.

"But I think the evidence not only established that it wasn't Mr. Julien but that, in fact, he was the only person that came to her aid that evening."

Julien was one of several people in the trailer with Low when she regained consciousness. He told police he tried to protect her after "something very bad" had happened.

Crown prosecutor Alicia Kennedy said Low has shown great courage and tenacity in her fight.

"I would hate it if the message from today is that it's not worth reporting to police because every case is different and evidence of identity will be different in every case," Kennedy said.

Low said she will offer support and advice to anyone else who finds themselves a victim of sexual assault. But as for herself, she would do things differently. 

"If this ever happens in the future, I would not report."

f you are experiencing distress or overwhelming emotions at any time, you can call the Nova Scotia Provincial Crisis Line 24/7 at 1-888-429-8167. The Nova Scotia Provincial Crisis Service can also provide contacts for other crisis services that are available if you live outside Nova Scotia.

If you or someone you know is struggling in any way, you can call 211 or visit 211.ca. 211 offers help 24 hours a day in more than one hundred languages and will be able to connect you directly to the right services for your needs.

The Kids Help Phone is a national helpline that provides confidential support at 1-800-668-6868 or Text CONNECT to 686868.

Additional supports for across Canada are available at www.wellnesstogether.ca.