Former school support worker not guilty of sexually assaulting student

A former student support worker with the Halifax school system has been found not guilty of sexually assaulting an 18-year-old female student in 2015.

Blake William Jackson stood trial in Nova Scotia Supreme Court in February. In a decision published this week, Justice Christa Brothers said the evidence from Jackson and the girl were in stark contrast.

"The complainant alleges that the accused engaged in nonconsensual acts of kissing, touching, and then forced her to fellate him," the judge wrote. "The accused denies that any such contact occurred."

In deciding to acquit Jackson, the judge pointed to inconsistencies in the evidence of the girl, who testified at the trial.

For example, the complainant said she had no contact with Jackson outside of school. But cellphone evidence introduced at the trial showed she and Jackson exchanged text messages after school hours.

Couldn't remember details

On the day of the alleged incident, Dec. 15, 2015, Jackson drove the girl alone in his car to get lunch at a fast-food restaurant. In her testimony, the complainant could not remember specific details of the day, including the classes she took in the morning or the conversation she had with Jackson on the 10-minute drive to the restaurant.

She said they ate in a booth at the restaurant and it was while there that the conversation "went downhill," she testified. She said Jackson started asking her sexually explicit questions.

The girl claimed that as they drove away from the restaurant, Jackson took her hand and placed it over his genitals. She said at one point he parked on a street and positioned his vehicle so that a tree blocked her door.

She said he then ordered her into the backseat, where he eventually removed his pants and forced her to perform oral sex on him. She said it was in broad daylight in a residential neighbourhood, although she also admitted she couldn't remember other details.

Drove students for food

Jackson testified in his own defence. He admitted that he frequently drove students to get food and denied knowing that was against school board policy.

"Whether he should or should not have taken a student alone in his car, is not the question or the charge," Brothers wrote. "The issue is whether the Crown has proven that a sexual assault took place." 

He admitted to driving the complainant to get food that day, but refuted her testimony that when they left the restaurant they took a circuitous route that led them into the north end of the city. Jackson said they took a direct route and were back at the school in about 10 minutes.

In reviewing the complainant's testimony, the judge found 19 times when she could not remember details. She said some of those times by themselves were not serious. But taken together, the judge said they raised serious questions about the complainant's credibility.

'Inconsistencies in evidence'

Similarly, the judge said she found five inconsistencies in the complainant's testimony which, when taken all together, further undermined the credibility of the testimony.

The judge also had concerns about the version of events the complainant told her boyfriend at the time. He was the first one she told of the alleged assault and his evidence at the trial contrasted with that of his former girlfriend.

"In the circumstances, given the burden of proof, the inconsistencies in the evidence, lack of recall, and issues with the timeline, all taken together, and when considering the evidence in its totality, I am left with a reasonable doubt," Brothers concluded.