Jury to start deliberating in former Canuck Virtanen's sexual assault trial
A British Columbia Supreme Court judge has given the jury instructions to start deliberating in the sexual assault trial of former Vancouver Canuck Jake Virtanen.
Justice Catherine Wedge told jurors they must deliver a unanimous verdict after an honest, impartial and dispassionate review of the evidence, and they may only find Virtanen guilty if the Crown has proven its case beyond a reasonable doubt.
Wedge told jury members they must otherwise acquit Virtanen, even if they believe it's likely he's guilty of the alleged assault nearly five years ago, because that would constitute a failure of the Crown.
Virtanen was charged with one count of sexual assault in January following an investigation by Vancouver police.
Virtanen told the court last week that the woman had been an "enthusiastic participant" as they mutually began kissing and touching each other while lying in bed, and they helped each other take their clothes off before having sex.
The Crown and Virtanen's defence counsel finished their closing arguments Monday by focusing on the reliability of the conflicting testimony.
Defence lawyer Brock Martland told the jury the woman's testimony was "riddled" with inconsistencies, some minor and some "fundamental," arguing she was not a trustworthy witness and saying that wasn't the case with Virtanen.
Even if jury members are left not knowing who to believe after hearing all of the evidence, he said, they must deliver a verdict of not guilty.
Crown counsel Alan Ip told the jury the woman had a "firm" memory of the critical details surrounding the alleged assault, and argued that failing to remember or making errors in "minor, peripheral" details does not detract from the strength of her evidence that she repeatedly told