Nova Scotia court rejects appeal of man convicted of sexually assaulting wife
Nova Scotia's highest court has dismissed an appeal by a man convicted of sexually assaulting his common-law wife, in a case that garnered national attention when she asked the court to have a publication ban on her name lifted.
The Nova Scotia Court of Appeal, in a decision released Monday, rejected Jared Peter Beck-Wentzell's claim that the original trial judge misunderstood evidence and failed to consider a key defence argument.
During the trial, Beck-Wentzell's lawyer argued his client should be declared not guilty because he had an honest but mistaken belief that his wife had consented to sex.
Shannon Graham testified she awoke when Beck-Wentzell entered their bedroom late on July 12, 2014, and she told him she was not interested when he started to remove her pyjamas and indicated that he wanted to have sex.
She told the court he continued to sexually assault her while she tried shove him off and repeatedly said "no."
The appeal court concluded that Beck-Wentzell's claim that the trial judge misunderstood evidence was not credible, and it rejected the argument that he had an honest belief that his wife had consented to sex because he never offered evidence to support that assertion.