Skip to main content

Defence and Crown present closing arguments at sexual assault trial for former Regina gymnastics coach

Share

WARNING: This story contains details of sexual assault allegations.

The sexual assault trial of a former Regina gymnastics coach heard closing arguments from the Crown and defence on Friday morning.

Marcel Dubroy was originally facing five charges including two counts of sexual assault, and one count each of sexual exploitation, sexual interference and sexual touching.

On Friday morning, the Crown announced it was staying three charges. One count of sexual assault between 2002-2008 and sexual touching between 2002-2008 remain active.

Dubroy has pleaded not guilty to all charges.

The alleged victim, who is now 34, cannot be named due to a publication ban.

The defence team was the first to present their closing arguments on Friday.

Starting with the sexual touching charge, the defence argues there was no point when any inappropriate touching or encounters could have happened at the gymnastics gym where Dubroy coached the complainant.

At any given time, the defence said there would be up to 150 people in the gym which had an open layout, making it impossible to act inappropriately without being seen.

The defence said sports like gymnastics and figure skating are known to be touchy, saying coaches often put their arms around athletes when they’re talking.

“They appear to be a huggy people, especially when things go well,” the defence said.

In regards to the sexual assault charge, the defence said any sexual relations between the accused and the complainant happened after she was 18 and said they were all consensual.

The defence pointed out that there was an obvious age gap and it was a relationship that could have gotten Dubroy fired, but the woman was of legal age to consent.

“In this period was she capable of consenting?” the defence asked. “Yes, she was.”

The defence said the accused would repeatedly check in with the alleged victim in the early days of their relationship to ensure she was comfortable because he acknowledged the age gap. Dubroy had testified that they discussed birth control before having intercourse and that he fell in love with the complainant.

Additionally, the defence argued that the alleged victim was not the hallmark of a good witness in court because she was defensive and did not want to answer any line of questioning in which she wasn’t sure what direction it would go.

The complainant “actively resisted questions that she felt didn’t accord with her narrative,” according to the defence.

The defence also argued the alleged victim was influenced by similar cases in the media, including the Larry Nassar case in the U.S.

CROWN CLOSING ARGUMENTS

The Crown prosecutor began closing arguments on Friday afternoon, saying evidence that supports conviction on one of the charges supports conviction on both, on the grounds of trust.

The Crown said that as a coach, Dubroy was in a position of trust with the complainant when he committed the alleged offences.

They had a 37-year age gap.

During testimony, the alleged victim said Dubroy touched her genitals inappropriately twice consecutively when she was training on a gymnastics bar at the gym when she was 14.

The Crown said the sexual assault charge relates to alleged kissing incidents in the gymnastics gym when the complainant was 16 and 17, and the first incident of sexual intercourse in 2007.

The alleged victim did not say no to kissing Dubroy because she felt she had to please him, according to the Crown.

“There were times when it was not [consensual],” the Crown said, adding by law it could not be consensual due to her age.

The crown said Dubroy had a relentless pursuit of the alleged victim for years, giving her gifts, compliments and romantic overtures.

“The ultimate goal was, for him anyway, to get her to bed,” he said.

Two other coaches allegedly noticed an excess of touching from Dubroy during their time at the gym, and both testified earlier in the trial.

“The evidence of those other witnesses, the gym affiliated witnesses, supports the [alleged victim]’s recount of events more than Dubroy’s,” the Crown said.

To the defence’s point that no instances could happen inside the gym because of its open concept, the Crown said it all boils down to a risk Dubroy was willing to take.

“All crime, without exception, involves risk,” the Crown said. “He took a chance, he took a risk that he would not be caught.”

The alleged victim’s testimony was referenced by the Crown, which said the sexual relationship between her and Dubroy intensified as she got closer to legal age. Ultimately, it culminated in sexual intercourse in January 2007.

“She did not consent,” he said. “She went along with it and essentially let it happen. She gave into his badgering.”

The Crown said the alleged victim did not know how else to deal with the situation.

The judge expects to announce his decision on Oct. 14.

CTVNews.ca Top Stories

N.B. man wins $64 million from Lotto 6/49

A New Brunswicker will go to bed Thursday night much richer than he was Wednesday after collecting on a winning lottery ticket he let sit on his bedroom dresser for nearly a year.

Stay Connected