Closing arguments presented in CFB Borden sexual assault case

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After four days of testimony, closing arguments were presented Wednesday in the sexual assault trial of Oleksii Silin, who is accused of sexually assaulting a fellow military member in a broom closet at CFB Borden in 2018.

Silin, who has pleaded not guilty to charges of sexual assault and forcible confinement, testified the encounter was consensual. However, Crown Attorney Julie Janiuk argued he ignored clear signs of rejection from complainant Elle Jaszberenyi, and called his version of events “improbable” and “illogical.”

Silin testified that after sharing a drink with Jaszberenyi, whom he described as flirtatious, he guided her into the broom closet where he believed they engaged in consensual sex.

He admitted he did not explicitly ask for consent, saying, "It wasn’t consent, but it wasn’t un-consent."

Defence lawyer Mitchell Worsoff argued that the sexual activity was consensual but suggested that if the court disagrees, Silin acted under a mistaken belief of consent.

Worsoff said he had "trouble" with the complainant's testimony. 

"I thought she was inconsistent, she wasn’t accurate. It’s tough being a witness, and my client didn’t have the best command of the English language, but I think he did fine. He was pretty consistent," he said.

According to Jaszberenyi’s testimony, Silin pulled her into a dark broom closet, attempted to remove her clothing, and sexually assaulted her despite her repeated refusals.

She testified she told him no multiple times, tried to resist, and initially believed the situation was a joke. Jaszberenyi said she eventually stopped resisting out of confusion and fear.

The Crown emphasized that submitting or giving up does not equal consent under the law.

Janiuk dismissed the defence’s argument, and urged the court to find Silin guilty of both charges, citing what she called overwhelming evidence.

Still, Worsoff said he thinks his client will “do fine in the end.”

Justice Robert Gattrell is expected to deliver his judgement in March.