Two residence assistants stopped, but then allowed to continue, whatever was happening in Jonah Williams' St. Francis Xavier University dorm room on Nov. 17, 2017.
The report filed with the RCMP by one of the residence assistants alludes to an out-of-control party culture at the undergraduate university.
“There was a lot going on and while this (incident in Williams’ room) sounds not that great, compared to the fistfights this was more like a normal occurrence,” it said.
Williams' lawyer, Craig Garson, read the police statement aloud in Nova Scotia Supreme Court in Antigonish on Tuesday during his cross-examination of a young woman who testified Monday that she was sexually assaulted by two members of the X-Men football team.
The residence assistants had knocked on Williams’ dorm room door at the behest of the young woman’s friends during a large party at Cameron Hall dubbed the Catalina Wine Social.
The alleged victim, a first-year resident of the same co-ed hall, was naked under the sheets in one of the room’s two beds. Tyler Ball, who is being tried jointly with Williams on one charge each of sexual assault in relation to the incident, was curled up on the other dorm room bed.
The male assistant asked Williams and Ball to come into the hallway while the female assistant went in and spoke directly with the woman.
“She was like ‘No, I’m fine,’ ” the resident assistant told the RCMP of the response the young woman gave to questions about what was going on in the dorm room.
“I told her, ‘You have some friends here that are worried about you,’ and she said ‘They’re just over-reacting.’ ”
Both residence assistants judged the young woman to be fairly sober — one of them estimating her intoxication a 2.5 to 3 out of 10 — and so they let Williams and Ball return to the room.
It was only later that a friend of the woman knocked on the door and rushed in to dress and comfort her while Ball and Williams left the room.
The woman said during her testimony on Monday that she and Williams, whom she considered a trusted friend, had been having consensual sex alone in the room earlier that evening.
And that at some point, a group of male students had been let into the room by Williams.
He had made comments to them, which she acknowledged were in jest, about having a “seven-some.”
When the other male students left, Ball stayed.
She testified that at this point she felt unsafe, the sex was no longer consensual and that while Williams penetrated her, Ball rubbed his penis over her face.
She said she grabbed Williams’ penis and pulled it out of her, telling him to stop and that it was hurting her, but he resumed penetrating her.
During Tuesday’s lengthy cross-examination, Garson asked why the sexual assault nurse examiner’s written report of her visit did not mention that she had had prior consensual sex with Williams.
The cross-examination that began at 10 a.m. and didn’t end before court wrapped up for the day at 4 p.m. included prolonged questioning on the woman’s use of a tampon that day and when she may have changed it.
“Do you know how many times prior to going to your friend’s would you have changed that tampon?” Garson asked.
“I didn’t keep a record,” the woman answered.
The defence repeatedly objected to Garson’s lines of questioning.
“I fail to see the relevance of these questions,” objected Crown attorney Alicia Kennedy.
But Justice Timothy Gabriel allowed them to continue, under the proviso that Garson should only proceed with them if they were relevant to a point he intended to make.
Garson promised that they were, though that point was not made clear on Tuesday.
Garson repeatedly compared the woman's statements during a preliminary inquiry held a year and a half ago with her testimony this week, taking issue with the difference between times she had said, "I don't remember," and times she had answered, "No."
“I suggest to you an effect alcohol has on you is it makes you believe things happened when in fact they didn’t happen,” he told the woman.
“No,” she replied.
“You told Const. Pelley that you were pouring your own drinks but you weren’t,” Garson told the woman.
She responded that she considered drinking her white wine and vodka coolers from the bottle to be the same meaning as pouring her own drinks.
“At the very least it's carelessness of memory as opposed to an outright lie,” Garson told her.
She responded, “No sir.”
Of her consensual sex with Williams that preceded the alleged sexual assault, Garson accused her of lying about not allowing Williams to perform oral sex on her because she was on her period.
She maintained that she was telling the truth and that she would never let anyone to do that at such a time.
“Do you have a clear recollection of the amount of spanking?” Garson asked the woman, who broke into tears at various points of the interrogation.
“No,” she responded.
Garson repeatedly suggested to the woman that Williams had asked her if she wanted to engage in a threesome with Ball and she had said yes.
“Sir, I would not agree to a threesome with a stranger. That’s what I’m trying to tell you,” she responded.
Garson raised testimony at the preliminary inquiry from one of the woman’s friends, who had said that later that same night while being comforted in her room the alleged victim said she initially agreed to a threesome but then realized it wasn’t what she wanted.
The woman denied having said this.
The Crown objected again and accused Garson of “yelling” at the woman.
Kennedy told the judge that “the court has a responsibility to direct questioning so that it is fair to the witness.'”
Gabriel responded that he didn’t believe Garson had been raising his voice.
“I don’t want to see you suffer,” Gabriel told the witness.
“If you need a break, please say.”
For his part, Garson defended himself against the Crown’s accusation by saying his questioning was “professional."
The woman’s cross-examination resumes Wednesday morning. After that, she will also be questioned by Ball’s defence lawyer.
Williams and Ball were removed from the X-Men roster after the allegations surfaced and neither attends St. F.X. anymore.