Sask. man's sexual assault conviction, sentence upheld after appeal
WARNING: The following story contains details of sexual assault.
The appeal of a Saskatchewan man convicted of sexual assault over an incident at a house party in 2020 has been denied.
Mitchell Biesenthal was convicted by a judge and jury trial in Estevan in 2022, being sentenced to three years incarceration along with several other orders.
A publication ban is in effect on any information that could identify the complainant.
According to the Court of Appeal decision handed down Feb. 7, Biesenthal met the complainant in the case at the party in Oct. 2020. The complainant testified that in the late hours of the night, she was left alone with Biesenthal as others in the house went to bed.
“At Mr. Biesenthal’s invitation, the complainant agreed to dance,” the appeal decision said.
After that, the complainant testified Biesenthal pushed her onto the couch and proceeded to sexually assault her through touching and forced sexual intercourse.
“I was gone. Zoned out. Done. Physically, yeah, I was still there,” the decision said, quoting the complainant’s testimony.
The incident ended when the complainant’s sister entered the room. The complainant rushed to the bathroom, before telling her sister she was leaving. She did not tell her sister about the assault until the following day.
The complainant’s sister testified she was certain from what she’d seen that the two had not just been kissing on the living room floor. She later exchanged Snapchat messages with Biesenthal.
“I’m usually not like that. I get consent all the time. I will find a way to make up for it,” Biesenthal said in one message during the exchange, which were presented as evidence at trial.
In court, Biesenthal denied a sexual assault took place, saying he kissed the complainant during a pair of songs and moved to the couch to “make out.” He told court all the kissing was consensual, and did not progress beyond that.
On the Snapchat messages, Biesenthal testified that he didn’t know what he was apologizing for and any apology offered was meant to appease the complainant’s sister, not admit to any criminal wrongdoing.
Grounds of Biesenthal’s appeal include alleged errors in the judge’s instructions to the jury and a refusal to amend the indictment to contain two separate counts of sexual assault (one for non-consensual kissing, the second for non-consensual touching and intercourse), which the Court of Appeal struck down.
As a result, Biesenthal’s appeal has been dismissed. He was ordered to surrender to the Estevan RCMP detachment on or before Feb. 9.
CTVNews.ca Top Stories
Cisco reveals security breach, warns of state-sponsored spy campaign
State-sponsored actors targeted security devices used by governments around the world, according to technology firm Cisco Systems, which said the network devices are coveted intrusion points by spies.
I just don't get Taylor Swift
It's one thing to say you like Taylor Swift and her music, but don't blame CNN's AJ Willingham's when she says she just 'oesn't get' the global phenomenom.
From New York to Arizona: Inside the head-spinning week of Trump's legal drama
The first criminal prosecution of a former president began in earnest with opening statements and testimony in a lower Manhattan courtroom. But the action quickly spread to involve more than half a dozen cases in four states and the nation's capital. Twice during the week, lawyers for Trump were simultaneously appearing in different courtrooms.
Tornadoes collapse buildings and level homes in Nebraska and Iowa
Tornadoes wreaked havoc Friday in the Midwest, causing a building to collapse with dozens of people inside and destroying and damaging hundreds of homes, many around Omaha, Neb.
Decoy bear used to catch man who illegally killed a grizzly, B.C. conservation officers say
A man has been handed a lengthy hunting ban and fined thousands of dollars for illegally killing a grizzly bear, B.C. conservation officers say.
Invasive and toxic hammerhead worms make themselves at home in Ontario
Ontario is now home to an invasive and toxic worm species that can grow up to three feet long and can be dangerous to small animals and pets.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
opinion RFK Jr.'s presidential candidacy and its potential threat to Biden and Trump
Although it's still unclear how much damage Robert F. Kennedy Jr.'s candidacy can do to either Joe Biden or Donald Trump this election, Washington political columnist Eric Ham says what is clear is both sides recognize the potential threat.
Toxic testing standoff: Family leaves house over air quality
A Sherwood Park family says their new house is uninhabitable. The McNaughton's say they were forced to leave the house after living there for only a week because contaminants inside made it difficult to breathe.