A man accused of a sexual assault in Hay River in 2020 has been found guilty of the crime.

Alex Roche was convicted of the single count by justice Thomas Heeney in NWT Supreme Court, with the decision released on Dec. 13. Roche pleaded not guilty to the charge and elected to be tried by judge-alone during the trial in September.

According to the decision, Roche did not dispute that he and the victim had engaged in sexual activity, but the issue was whether consent was given. Heeney stated that the Crown had proven, beyond a reasonable doubt, that the accused knew the victim did not consent.

The assault occurred on or between Dec. 28 and 29, 2020, in Hay River after the victim invited Roche and a friend over to the apartment she was staying at. The offender reportedly tried multiple times to engage in touching and kissing, but the victim, whose identity is protected by a publication ban, kept telling Roche she wasn't interested and that she only wanted to be friends.

The victim testified that she slept in the same bed as Roche that evening, but it was because she didn't want to have Roche leave on that cold night with no transportation and that Roche knew she wasn't interested in any sort of sexual contact.

John Hale, Roche's lawyer, stated that to "consent" to something was different than "wanting" to do something. An example Hale used was a person not "wanting" to go to the dentist, but they agree to go because it's necessary to do so. Hale also suggested that the victim touched Roche's leg while they were talking

Heeney didn't agree with that.

"That illustration does not represent the law," the judge wrote in his decision. "To consent to sexual touching is to want that sexual touching to take place."

Heeney found the woman to be "extraordinarily credible and reliable" as a witness.

"She was careful and thoughtful with her answers, and considered every one before answering," he wrote.

In the end, Heeney found that consent had not been given.

"The law is abundantly clear that no means no," he stated. "'No' does not mean that it is OK to try again a few minutes later. Nor does it mean that, after being told no, an accused can 'test the waters' a short while later by again initiating sexual contact."

Roche is scheduled to be sentenced at the Yellowknife Courthouse on Jan. 27, 2025.