Accused paints consensual picture in military sexual assault trial

Warning: Content in this article may be disturbing or triggering to some readers.

The trial of a Canadian soldier accused of sexual assault resumed on Thursday with the accused taking the stand, and painting a very different version of events from what the court heard from the complainant.

Cpl. Oleksii Silin described his encounter with fellow soldier Elle Jaszberenyi on May 13, 2018 at Canadian Forces Base Borden as being consensual, testifying she initiated sex, emphasizing he never forced her.

Earlier this week, Jaszberenyi told the Barrie courtroom Silin raped her in a broom closet after the two had drinks in a common room.

While on the stand, Silin said Jaszberenyi was smiling, laughing and flirting with him.

He added that she had followed him to his room, and described the two holding hands like teenagers. He told the court she put her arm in his as he guided her into the broom closet.

Jaszberenyi had testified he pulled her into the dark closet and wouldn’t let her leave.

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In contrast, Silin described the two sharing a deep kiss, saying she rubbed her hips on him and that he began to unbutton her pants, making note that he couldn’t pull her tight jeans below her hips.

“I didn’t remove any other clothing from her,” he testified, adding that Jaszberenyi never tried to leave the closet or open the door.

Silin described the complainant as a willing participant, saying Jaszberenyi removed her pants and underwear and tried to remove his belt before opening his jeans, turning around and initiating sex.

“I didn’t expect that,” he said. “I cannot say I didn’t want it,” he added, saying he felt it would have been offensive to say no to her.

He claimed Jaszberenyi never said no to him despite her testimony that she had hit him and repeatedly said no before he became forceful and overpowered her.

Silin told the courtroom that after the two had intercourse, they cleaned up and laughed before parting ways.

The trial will resume in late November to allow the Crown to cross-examine Silin, and for both sides to deliver closing arguments.

The allegations against him have not been tested in court.

A prior publication ban protecting Jaszberenyi's identity, as a complainant of sexual assault, was removed at her request in September 2023.