21-year-old acquitted of having sex with 15-year-old after judge concludes he thought she was older

The acquittal of a 21-year-old man who had sex with an underage girl has cast a harsh light on a culture of drugs, alcohol and casual sex among young people in Kamloops, B.C.

In a withering judgment, B.C. provincial court Judge Stella Frame said the circumstances of the case left her "disheartened."

She said the vulnerable 15-year-old girl should have been better protected. And the accused deserved better education about excessive drinking, illegal drugs and his "antisocial and outdated" attitudes toward women.

"These young people are living high risk lives without regard for their personal safety or the sanctity of their community's standards," Frame wrote.

"It is said that it takes a village to raise a child. In this case, the village has failed both of these young people."

A 15-year-old with a Tinder account
The case turned on the question of whether or not the man — known as J.A.C. — had an "honest but mistaken belief" that the girl was above the age of consent, and that he took all reasonable steps to ascertain her age.

To that end, Frame considered the way the girl presented herself, her physical development and the way she talked and behaved around drugs.

The girl had a Tinder account. She claimed she was 22 in her profile. J.A.C. said the picture was the way she looked when they met.

"The picture appears to be of a young woman somewhere around the age of 20," Frame wrote. "One cannot look at this photo and believe they are looking at a 15-year-old girl, or a girl close to that age on either side."

The pair met on a Saturday night in November 2016 after the girl sneaked out of her parents' home and wound up partying with a friend's older brother.

While she was at the house, the girl said she drank between five and seven shots. She may also have smoked pot.

'Not charged with moral bankruptcy'
J.A.C. turned up with another of his friends after a mutual acquaintance asked if he could give the girl a ride home.

"J.A.C. testified that he only agreed to pick up [the girl] because he and [his friend] were looking to party and maybe hook up with someone," the decision says.

They went to his parents' home, where they drank more and started doing cocaine in "Hollywood lines" — as the girl called them.

She had a shower and performed oral sex on J.A.C.'s friend. When she emerged in her underwear, she and J.A.C. had sex.

He claimed she asked him '"are we going to f--k or what?" to which he said 'yeah.'"

The girl asked to smoke marijuana but then started to feel sick.

"J.A.C. became quite cavalier, wanting her to just leave. He said 'I didn't want to clean up any puke. The next moment, he realized, she was putting on her shoes and walking down the street. She did not wait for a ride," the judgment says.

"After having sex with her, J.A.C. then wanted to just get rid of her. It is a damning indictment of his personal code of ethics and conduct. However, he is not charged with moral bankruptcy."

'It boggles the mind'
The judge expressed her dismay at the outset of her decision. She elaborated on her concerns in the conclusion.

"From their excessive drinking, to illegal drugs, to opportunistic sexual activity, these young people do not have a sense of self-protection or mortality. Both are developing dysfunctional attitudes toward drugs, alcohol, and sexuality and, most importantly, J.A.C. is developing a dysfunctional attitude toward women," Frame wrote.

"This is not surprising, given that some of these attitudes persist in some parts of society as well."

The girl was angry about how she was used by both J.A.C. and his friend.

The question of her clothing came up several times during the case. The accused said he drew inferences from her tight-fitting, revealing clothes: that she was mature, ready to party and open to casual sex.

"It boggles the mind that such primitive views exist," Frame wrote.

"A body proud woman or girl who wears form-fitting clothing or clothing that bares shoulders, cleavage, mid-riffs or thighs is in no way signalling that she is provocative, promiscuous, on the make or willing to engage in casual sexual encounters with any lascivious male — or female — on the prowl."

But in the end, the judge said J.A.C.'s defence had "an air of reality" and that there was nothing in her demeanour, conversation or appearance that would have made a reasonable person question the assumption she was of age.