Canadian soldier accused of sexual assault claims complainant gave consent with body language

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The Crown went after now Cpl. Oleksii Silin on Friday saying the soldier accused of sexual assault made up a series of events to paint the complainant as flirtatious with him the night she alleges she was raped inside a dark broom closet after the two shared drinks in a common room at CFB Borden.

The defence maintains Silin and the complainant Elle Jaszberenyi had consensual sex.

“I didn’t ask her for sex. I only kissed her,” Silin told the courtroom.

Jaszberenyi, however, said after telling Silin she was tired and wanted to go to her room to sleep, he redirected her and pushed her into the closet then forced himself on her.

“She looked more than happy to go there,” claimed Silin.

Last month, she testified Silin became increasingly aggressive with her and kissed her before trying to remove her clothing.

The woman said she repeatedly hit Silin to get him to stop but he overpowered her.

Jaszberenyi told the courtroom she eventually gave up trying to fight him off, adding he raped her and left.

Silin allegedly sent Jaszberenyi a series of sexually-explicit text messages, including one asking her to knock on his door for sex.

The court heard she reminded him he was married and had kids.

In contrast, Silin said Jaszberenyi was flirting with him that night and looked lonely and desperate for his attention.

He admitted to giving her a shoulder massage while on a couch in the common room, and said Jaszberenyi had playfully placed a cup between her breasts.

The Crown suggested Silin was lying.

Silin maintained Jaszberenyi was leading him on that night, and gave her consent with her body language, laughing and being playful with him.

“She was trying to make herself attractive” he said.

After leaving the common room, Silin said, “I decided I was going to kiss her,” adding, “She was waiting for some action.”

He said her actions were fully consensual even though she said she wanted to go to sleep.

“I didn’t ask her if she want,” he testified. “It wasn’t consent but it wasn’t un-consent.”

The trial continues next month for the court to hear closing submissions by the Crown and defence.