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Revealed Jan 03, 2025 • 8 minute learn
The Ontario Court docket of Justice on Wellington Avenue in Kingston, Ont. Picture by Julia McKay /Julia McKay/The Whig-Commonplace
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A Kingston man was convicted this month of sexually assaulting three ladies in a sequence of incidents that befell over a span of 15 years.
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Paul Hayes, 54, was discovered responsible of a complete of seven legal charges towards three ladies in a Kingston courtroom in mid-December – 4 counts of sexual assault and three counts of assault – for crimes courting again to 2007.
He was dealing with a complete of 10 charges in relation to separate incidents which had been alleged to have occurred within the Kingston space between 2007 and 2022 towards three unrelated ladies, all of which allegedly befell beneath eerily related circumstances.
Throughout the judge-alone trial in October, the Crown known as the three ladies to the stand, and two further witnesses on the costs referring to one of many victims. Hayes additionally testified in his personal defence.
Crown lawyer Greg Skerkowski argued all three ladies both didn’t consent or had been incapable of consenting to sexual activity with Hayes on a number of totally different events due to how impaired they had been by both alcohol, medicine, or each.
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Hayes acknowledged having {sex} with the ladies however claimed they had been all able to consenting and did consent. He additionally denied the claims of bodily assault, which had been included within the listing of charges referring to one of many victims.
Justice Alison Wheeler, who learn her determination to a crowded courtroom on Dec. 18, in the end discovered the Crown proved past an inexpensive doubt the ladies didn’t or couldn’t consent, and convicted him charges of sexual assault on all three ladies. He was additionally convicted of the three counts of bodily assault.
The sexual assault convictions had been unrelated to one another, however the choose described a number of similarities between the three instances.
She stated all three complainants had been grownup ladies who ended up alone with Hayes in primarily unplanned circumstances.
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One had agreed to offer Hayes a journey house however unexpectedly stayed the evening at his home. One other was pushed house by Hayes after being rushed to the hospital for passing out throughout an evening at a bar. The third ended up at Hayes’s house on an evening when she says she obtained inexplicably impaired and had initially deliberate to remain over at her good friend’s place.
Not one of the ladies had been in romantic relationships with him at any level, nor did they need to be, the choose stated. All of them knew Hayes earlier than the incidents – two of them, the truth is, had been lifelong mates with him.
All three complainants additionally described being extraordinarily impaired by alcohol, medicine, or each. All of them testified that they had been stunned at their state of impairment and lack of reminiscence given what they did keep in mind consuming.
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The choose discovered, nevertheless, there was “no direct evidence that (Hayes) ever tampered with any complainant’s drink,” or their medicine, although he did provide two of them with cocaine.
“Overall, I find that in relation to any given complainant the evidence falls short of establishing that (he) drugged them, either by adulterating the cocaine or by putting something in their drinks,” the choose stated.
“Although the circumstances are suspicious, I find that the evidence is too weak on this point to justify admission of similar fact evidence on the issue of whether (he) drugged any of the complainants.”
He was discovered responsible on seven charges, and never responsible of three counts of sexual assault towards one of many victims.
Sure facets of the story, together with any data that will probably establish the victims, are protected by a publication ban and deliberately not included.
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The primary case
Hayes was discovered responsible on one depend of sexual assault and three counts of assault towards a lady following a string of incidents that occurred between 2007 and 2010.
On this case, he had been charged with 4 counts of sexual assault and three counts of assault. He and the girl had a platonic relationship that revolved round ingesting and cocaine use, spanning a number of years, the choose stated, however they had been “not romantically involved.”
The one sexual assault cost for which he was convicted pertains to the very first evening the 2 spent collectively after assembly up at a bar in downtown Kingston.
Hayes wanted a journey house and requested the girl to drive him there to have a few drinks. They made it to his home, however her final reminiscence of the night was of sitting within the kitchen with Hayes, ingesting and speaking. Her subsequent reminiscence was of waking up the following morning to Hayes having {sex} along with her, the choose described.
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The sufferer testified she didn’t need to be having {sex} with Hayes, nor did she have any intention to take action, however she “was in shock and did not do anything” to get Hayes off her.
She testified that she had not supposed to spend the evening and had not supposed to turn into intoxicated. She stated she couldn’t work out how she obtained so impaired as a result of she solely recalled having three drinks in complete and “probably some cocaine,” one thing that wasn’t out of the strange throughout that point in her life.
She stated she had not consented, however she additionally “did not give it a lot of thought because of the generally reckless mental state she was in.”
Hayes denied having {sex} with the girl whereas she was not acutely aware, and stated any sexual encounter that they had was consensual.
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The choose, nevertheless, sided with the sufferer, explaining the Crown proved past an inexpensive doubt that he had sexual activity with the girl “when she was incapable of consenting because she was passed out or asleep, that he had to have known that she was incapable of consenting because she was not conscious.” He was convicted of sexual assault primarily based on this incident.
After that evening, the girl testified that she began seeing Hayes recurrently to “party”, typically as usually as a few times every week over the following couple of years.
They started having consensual {sex} now and again, and the assault convictions stem from conditions the place the girl testified Hayes had slapped her within the face and choked her throughout these sexual encounters. She additionally described one other time he had dragged her out of his house by the arm and pulled her hair.
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He denied the slapping, choking and dragging allegations.
The choose sided with the girl, discovering “that his actions were intentional and that he had to have known that they went beyond the bounds of any consent” and convicted him on all three assault charges.
He had been charged with three different counts of sexual assaults, however was discovered not responsible on the remaining ones.
The second case
Hayes was convicted of two counts of sexual assault towards a distinct woman in relation to a set of incidents that befell on the evening of Nov. 1, 2017 after she spent the evening at his house following an evening in town.
The 2 “were very old friends, going back to high school” however had by no means been romantically concerned. That they had identified each other for 40 years.
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On this case, a bunch of mates had gone out for drinks and meals in downtown Kingston, however earlier than lengthy, the sufferer testified that her reminiscences of the night “went black” regardless of having solely three or 4 drinks.
The girl testified she felt extraordinarily intoxicated, unable to stroll and in her phrases, “out of my mind.”
A witness testified to seeing the girl on a downtown sidewalk being held up by Hayes and one other man. Her head was down, and she or he was having a tough time standing up, the witness stated.
She was “not in her right mind and barely coherent,” however testified she had fragmented reminiscences of Hayes having {sex} along with her that evening whereas she was unable to maneuver her physique. She stated these reminiscences continued the following morning, and she or he testified that she woke as much as Hayes having “intercourse with her without her consent.”
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Hayes testified the {sex} was consensual, and that the girl was “active and conscious and did not do or say anything to indicate that she did not consent.”
In her determination, the choose stated she was “satisfied beyond a reasonable doubt that (the woman) was not capable of consenting and also did not consent to sexual intercourse” at evening or within the morning, and convicted Hayes on two counts of sexual assault.
The third case
Within the third case, Hayes was convicted of a single depend of sexual assault in relation to a different woman primarily based on an incident that occurred on the evening of June 29, 2022.
That evening, Hayes spent the evening on the woman’s house “following an evening of drinking and drug use that included (the woman) being taken to the hospital emergency in medical distress.”
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Equally, on this case, the 2 had been mates for 20 years and had by no means been romantically concerned, the choose stated.
On the evening in query, the 2 met for drinks at a bar in suburban Kingston after the girl had completed work. They performed pool, had some drinks, and the girl consumed what she assumed was cocaine that Hayes had given her.
A short while later, she collapsed and was rushed to the hospital by ambulance. There, a blood check confirmed her blood alcohol focus was 343 mg of alcohol in 100 ml of blood – greater than 4 instances the authorized restrict for driving.
She felt groggy and drunk, however she may stroll so hospital employees let her go. Hospital data acknowledged that she was discharged at 1:38 a.m.
Hayes drove her house from the hospital, the place they consumed extra alcohol collectively. She started to really feel “cloudy and tired” and simply needed to go to mattress. Hayes adopted her there, and she or he testified she couldn’t sleep as a result of he stored placing his fingers throughout her, the choose stated.
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She testified that she stored telling him to cease and to depart her alone, however he “did not stop and did not respond.” In accordance with the courtroom determination, he proceeded to sexually assault her, and the girl testified she had no selection however to submit since she had already instructed him “no” so many instances.
Hayes acknowledged having sexual activity with the girl, however had stated it was consensual.
The choose, once more, believed the sufferer and stated her very excessive blood alcohol focus on the hospital, the next ingesting, her reminiscence loss, and her feeling that she had no selection however to submit are all issues that “together establish a real likelihood that (she), although capable of not consenting, was incapable of consenting.”
“I find that the Crown has proved beyond a reasonable doubt that (she) did not consent to have sexual intercourse with (Hayes) and that (Hayes) knew this because (she) told him so in very clear language,” the choose stated.
Whereas awaiting sentencing, Hayes stays on home arrest with an ankle bracelet beneath strict bail circumstances.
He’s allowed to be outdoors his house with a surety and to go to work, however after his conviction was now not allowed to own or eat alcohol or medicine, or to be at any licensed institutions.
He’ll return to courtroom for sentencing on Feb 20.
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