Matthew Percy, former SMU groundskeeper, acquitted in sexual assault case
A provincial court judge has acquitted a former Saint Mary’s University groundskeeper in connection with an alleged sexual assault last fall.
Matthew Albert Percy, 35, was charged with sexual assault, voyeurism and overcoming resistance by choking. It was alleged Percy sexually assaulted a woman at a home in the Armdale area on Sept. 3, 2017.
Following a lengthy trial earlier this year, a judge found Percy not guilty of all three counts Friday.
READ: Former SMU groundskeeper accused of sexual assault released on conditions
The court heard that Percy and the female complainant met a few times before they exchanged numbers and met downtown one night in September 2017.
The woman’s name is protected under a publication ban.
The 22-year-old complainant said she and Percy went to a few bars, then decided to leave. They were going to share a cab home.
While recapping the case, the judge said the pair ended up at Percy’s home. The complainant said he was massaging her feet and then starting kissing her before lifting her up and carrying her into his bedroom where she said he preformed non-consensual sex acts on her.
A portion of the encounter between Percy and the woman was recorded and played during his trial.
When rendering his decision, the judge said there was no reason to question the complainant’s motives but said at one point during the recorded video, there was giggling and that some actions seemed voluntary.
“The video itself from our point was never consensual and it took different forms. It didn’t video the entire event,” said Crown attorney Rick Woodburn.
“It was cut up in certain ways, in our view at least, to make it look like it was consensual.”
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The judge said the complainant “holds the belief she was sexually assaulted” but that the Crown failed to prove their case beyond a reasonable doubt.
Despite the not guilty verdicts, Woodburn says he has to applaud the victim who “did an excellent job coming forward.”
“After talking to her, she was happy that she was able to tell her story. Even to come forward and tell her story was something she wanted to do, even before the verdict came. When she was finished, she felt justice had been served through the process,” he said.
Woodburn says sexual assaults are always difficult to prosecute.
“The standard is high, it’s beyond a reasonable doubt. It applies to all people,” he said
“If anybody is charged with a crime, the level of proof that the Crown has to go through in order to make sure somebody is found guilty is high and in Canada, that’s the level of proof that we want for each person.”
Woodburn says both the Crown Attorney’s Office and the police take sexual assault allegations very seriously and spend a lot of time with the victims to ensure they are part of the processes, so they can tell their story.
“An acquittal does not mean that you are not telling the truth,” said Woodburn.
“It just means that we haven’t proven it beyond a reasonable doubt.”
Even with the acquittals, Percy remains behind bars at this time because he’s facing two additional sexual assault trials in the near future. A fourth charge of sexual assault was also laid, however no trial dates have been set for that case at this time.