Wesley Wayne Webber was convicted of sexually assaulting a 17-year-old girl while she was passed out behind this washroom in Comox Park on Feb 19, 2019. (Ian Holmes/NanaimoNewsNOW).

By Ian Holmes

sexual assault

Guilty verdict in alcohol-fuelled sexual assault in Nanaimo park

Nov 23, 2020 | 5:24 AM

Editors note: this story contains graphic details which may not be suitable for some readers

NANAIMO — A man awaits his punishment for taking advantage of a 17-year-old girl while she was passed out at a downtown Nanaimo park.

Wesley Wayne Webber, who was 20-years-old at the time of the 2019 offence, was convicted by BC Supreme Court Justice Jennifer Duncan of sexual assault in relation to the incident in Comox Park, located by the Wallace St. Tim Hortons.

His two day trial involved testimony from the victim referred to as ST, a series of text messages between Webber and the victim, and a Nanaimo RCMP officer.

Justice Duncan determined Webber and the victim were both under the influence of alcohol after meeting earlier in the evening.

Appeal denied

Fishermen fails to get fine cut for damaging Sunshine Coast violations

6h ago

fight

One injured, another arrested after fight breaks out near Nanaimo high school football game

10h ago

spiked drinks

Watch your drinks: Nanaimo RCMP investigating spiked drink incident

11h ago

The victim had a light buzz, but was dizzy and not feeling well. She separated from a group of Webber’s friends to pass out behind the Comox Park washrooms.

She woke up to find Webber on top of her as she was slouched against a wall with Webber’s fingers inside her vagina.

Webber had already pulled down the victim’s pants and underwear. He tried to lift her shirt when she woke up.

ST kicked Webber and shoved him with both hands.

He continued to touch her. She then managed to push him off and phone a friend to pick her up.

Webber did not pursue ST after she got away.

Several other people associated with Webber were in the vicinity, but nobody intervened.

The pair are known to each other, had partied together previously and attended the same high school, court was told.

“I’m satisfied beyond a reasonable doubt that ST did not consent to this activity, I’m not persuaded that ST either initiated the activity or consented to it,” Justice Duncan said.

The victim had confided with Webber that she was having difficulty in her relationship with her boyfriend, but said she did nothing to lead him on.

Webber sent a text message to ST two days after the incident, apologizing for what happened. However, Webber claimed he wasn’t responsible, but rather one of his brothers who looks like him was.

“In my view this was a weak attempt to deflect blame for what he had done to ST,” Justice Duncan said.

A follow-up message from Webber acknowledged he made a mistake, which was consistent with his version of events told to an RCMP officer while making a statement.

“I don’t remember anything,” Webber declared to ST in a text message, who called him out for blaming someone else.

Webber will be sentenced some time in the new year.

A pre-sentence report with psychiatric component will be done over the next several weeks.

A full Gladue report was also ordered for Webber, which sheds light on contextual circumstances of Indigenous offenders and explores alternate treatment options.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes