Kenneth (Kenny) Boychuk's sexual assault trial continues at B.C. Supreme Court in Nanaimo. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

supreme court trial

Complainant’s credibility attacked at Nanaimo sexual assault trial

May 31, 2024 | 5:25 AM

Editors note: Kenneth Boychuk was found not guilty, of the charged detailed in this article, on Wednesday, June 20, 2024. Our report on the verdict is available here. This article contains graphic details regarding sexual violence allegations. Reader discretion is strongly advised.

NANAIMO — A defence attorney was on the offensive at a B.C. Supreme Court trial centred around a woman’s claims she was violently sexually assaulted.

Kenneth Leslie Boychuk of Edmonton, AB pleaded not guilty to one count of sexual assault in relation to an alleged incident at the Nanaimo home of a then 17-year-old girl on Jan. 31, 2023.

Boychuk, an 18-year-old member of the Nanaimo Buccaneers junior hockey team at the time, is accused of violently sexually assaulting her after he’s said to have shown up unannounced.

She filed a police report three days later.

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While cross-examining the complainant on Thursday, May 30, defence attorney Rory Ziv outlined several instances in which the complainant made misleading statements.

“So you lied to the coach about whether you had met with the police, is that correct?” Ziv asked.

“Yeah, I wanted him to take it more seriously,” she responded.

The complainant attended the next Buccaneers game following the alleged assault on Feb. 2 where she confronted the coach.

She then left the Nanaimo Ice Centre and filed a formal complaint at the local RCMP detachment, resulting in Boychuk’s arrest.

The complainant testified she was triggered upon seeing Boychuk at the arena that evening, while a recent emailed disclosure to Crown counsel stated she remains fearful of him.

Ziv obtained video evidence from the Feb. 2 Buccaneers game in which the complainant is viewed laughing, cheering and clapping.

She confirmed her identity in the video and didn’t dispute the characterizations presented by the defence lawyer.

The complainant reported multiple bruises, most of which to her face, were caused by several open-handed strikes by Boychuk and he also choked her.

Her police statement claimed she was “out of it” and awoke to being naked with Boychuk penetrating her vaginally, and further slaps by Boychuk “knocked me out of it.”

She told the investigating officer that the sexual activity at the time was non-consensual.

She acknowledged on the witness stand she did not pass out, but at times had difficulty seeing and her hearing was impaired.

The complainant believes Boychuk found her house by referencing a location-finding feature on a social media app.

The two hadn’t met prior to the alleged assault which occurred when the complainant was supposed to be at school.

“And you messaged with Kenny the night before, correct?” Ziv asked.

“Correct.,” she responded.

It’s unclear if Boychuk will testify.

The 20-year-old Boychuk played parts of the last two seasons with the Buccaneers before he was traded this past season to the Kerry Park Islanders.

He missed three games after the sexual assault allegations came to light, with Boychuk returning to action on Feb. 16, 2023.

Boychuk has one year of junior hockey eligibility remaining.

The trial, overseen by veteran supreme court justice Douglas Thompson, continues.

Boychuk entering court on the first day of his sexual assault trial earlier this week. (CHEK News)

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Ian.holmes@pattisonmedia.com

On Twitter: @reporterholmes