Editor’s Note: This article contains explicit descriptions of sexual assault that may be upsetting or disturbing to some readers. If you or someone you know needs help, the Kawartha Sexual Assault Center operates a 24-hour crisis hotline at 1-705-741-0260.
Mostafa Alkhalil was found guilty of forcible confinement and sexual assault.
In his verdict, Judge Christopher Corkery found beyond a reasonable doubt that Alkhalil touched, kissed and forced a teenager to perform oral sex on him without his consent in the back of his van in the winter of 2018.
“She was coerced both through acts of physical violence, by restraining her, and also by instilling fear in her, by intimidating her and causing her to fear psychologically for her safety, preventing her from leaving her van” , Corkery said in her ruling, which was delivered via Zoom to the Peterborough Superior Court of Justice on Tuesday, July 13.
During the trial, the court heard how the teenager was recently moved to a group home in Peterborough in November 2018. On November 10 of that year, the teenager snuck out a window in the house and drove downtown. She wandered the unfamiliar streets for several hours, using the companies’ free Wi-Fi to chat with friends on the internet, before agreeing to be taken by strangers to the Tim Hortons on George Street.
At around 3 a.m. on November 11, Alkhalil walked into the Tim Hortons parking lot and parked directly in front of the teenager. The teenager got into Alkhalil’s van hoping he would drive her to another Tim Hortons or other open restaurant so she could warm up inside, charge her phone and continue talking with people. friends.
Instead, Judge Corkery found that Alkhalil first tried to hold the teenager’s hand and told her she was pretty before he started toying with her hair and asking if she liked sex. Additionally, Judge Corkery accepted that Alkhalil parked his van in the parking lot of his building and forced the teen to perform oral sex on him.
In the same statement, which was played as evidence at trial, the teenager also said she always thought she would fight back if sexually assaulted.
“I really didn’t know what to do,” she added to the officer.
“I had a feeling that if I (fought) things would go wrong. I didn’t want to take any risks.
In his decision, Judge Corkery explained that there is a clear law that says there is no right way for a person to behave before, during or after a sexual assault. He also said that “it is a stereotype to assume that a victim is screaming for help during a sexual assault.”
“At every stage, I was impressed with her as a witness,” Judge Corkery said, adding that there was nothing exaggerated in her testimony.
“If anything, she underestimated her experience. She spoke respectively and fairly about Mr. Alkhalil, despite describing a traumatic sexual assault. His account was moving, disturbing and completely honourable.
As for Alkhalil, who testified in his own defenseJudge Corkery rejected his testimony entirely.
“I think it’s a fantastic and absolutely incredible story,” he said.
“It’s a fabrication to explain what happened.”
The case returns to court on August 3 to set a sentencing date.