Lawyer for youth worker on trial for sexual interference of 14-year-old boy says victim is his client

Sex between a 31-year-old youth case worker and the 14-year-old boy she was tasked with caring for was a sexual assault committed by the teen, the woman's lawyer argued Wednesday, asking the judge for an acquittal. 

Beverly Allard, 65, is on trial on a charge of sexual interference, accused of having a sexual relationship with a boy between 1990 and 1994 when the alleged victim was 14 to 18 years old.

In 1990, Allard was 31 years old when she met the boy, whose mother had relinquished care of him to Alberta's Child and Family Services (CFS). 

Allard was assigned as the teen's case worker at the William Roper Hull facility, a secure residential setting in Calgary.

CBC News has identified the man as A.B. — not his real initials — in order to comply with a publication ban.

'No evidence' of consent: defence

In closing arguments on Wednesday, defence lawyer Dale Knisely told Court of King's Bench Justice Lisa Silver that the first time sexual intercourse took place between the teen and the case worker, Allard was raped. He argued his client should be acquitted. 

"There's no evidence of communicated consent," said Knisely, referring to Allard's 26-page statement she gave to police in 1998.

• A 'Mrs. Robinson ego thing': Former youth worker on trial for sexual interference with 14-year-old

Eight years after the first sexual encounter, Allard — who was living in Edmonton at the time — went to police, telling a detective A.B. had threatened her with violence and with disclosing their relationship to authorities. She said she'd had enough and wanted to disclose her story to police. 

In July 1998, Allard submitted a 26-page handwritten statement to Edmonton Det. Mike Weir.

Knisely said his client described the initial sexual encounter "in terms of a sexual assault."

'God knows why I let this happen'

Allard's statement described A.B. showing up at her home one night in 1990. She said the two talked, tickled each other and wrestled. 

"At one point though, the tone of the situation changed, and I began feeling uncomfortable," Allard wrote. 

After heading to her bedroom for a "moment alone" she said A.B. came in and threw her on the bed.

Allard said she initially pushed A.B. away. 

"I don't know why I didn't say anything or tell him to leave, but when he leaned down and kissed me again I didn't try and push him away," wrote Allard. "God knows why I let this happen."

Allard did not testify

The defence argued this description aligns with how a victim of sexual assault will "often blame herself."

"A victim will often be frustrated with the inability to explain later why she didn't do more to resist the assault," said Knisely. 

After the first instance of sex, Knisely argued that any further sexual contact was made when Allard was no longer in a position of trust or authority over the boy. 

That finding is required for a judge to convict an accused of sexual interference. 

• Former youth worker on trial for alleged sexual relationship with 14-year-old boy in care

Prosecutor Donna Spaner argued Allard admitted to the essential elements of the offence in her lengthy 1998 statement and should be found guilty. 

Allard's only evidence came in the form of the statement — she did not testify in her own defence. 

The complainant, who is now 47 years old, testified Tuesday. He said he developed a crush on Allard because she paid him extra attention. 

"I was just happy to have that closeness," said A.B. "It's just something I hadn't had since I had a mother."

Justice Silver will deliver a decision next month.