Calgary police officer on trial for sexual assault says sex was 'consensual,' complainant was 'enthusiastic'
Trial of Brandon Kan, 33, headed to closing arguments
A Calgary police officer on trial for sexual assault testified in his own defence Thursday, telling jurors that the complainant was "very passionate" during sex and that she expressed pleasure by rolling her eyes, grabbing the sheets and moaning.
The charge against Brendon Kan, 33, stems from a first date in October 2020 with a woman whom CBC News is identifying as LH, in order to comply with a publication ban.
Kan, who has been with the Calgary Police Service for six years, is currently suspended with pay pending the outcome of the trial.
Jurors heard from LH earlier this week at the beginning of the trial.
On Thursday, it was Kan's turn to testify.
Court heard that in the summer of 2020, Kan and LH were set up by mutual friends.
The two texted back and forth for weeks before planning a first date on Oct. 9, 2020. The plan was to carve pumpkins, order take-out food and drink wine.
After about five hours of conversation, the two began to kiss.
Kan says LH 'enthusiastic'
LH testified that Kan asked her if she wanted to go upstairs to his bedroom and she said she agreed. She told jurors she knew at that point they were going upstairs to have sex.
Under Canadian law, consent has to be expressed and ongoing at every step in a sexual encounter.
LH testified that once upstairs, Kan performed several sexual acts that she did not consent to.
Kan said LH was "very passionate," "enthusiastic" and initiated some of the acts herself.
Words exchanged
Kan also denied some of the acts LH alleged he performed without her consent.
LH, according to Kan, was giving him signals that she was enjoying the interaction.
"I heard her moaning a lot," said Kan. "At one point … she said, 'It feels so good.'"
"I said, 'Do you like that?' … She'd say, 'Yes.'"
'I felt good about the date'
Kan also testified that LH "rolled her eyes" and "grabbed the sheets" in a way he interpreted as experiencing pleasure.
LH also testified that she was subjected to rough physical acts that she'd not consented to.
She said Kan, without any words exchanged, leaned his forearm on her neck and told her to tap his elbow when she wanted it released.
Kan testified he used his hand, not his forearm for an "enhanced sexual experience" and that they'd both understood the tapping signal ahead of time.
LH also testified Kan slapped her across the face but Kan described it as more of a tap.
Afterwards, Kan said he took his dog for a walk so he could have a cigarette and then showered. In the meantime, LH, according to Kan's testimony, sat on his bed on her phone.
"I felt good about the date … I wanted to see [LH] again, so I didn't want to divulge that I smoked yet, so I said I was going to take the dog out."
'Evening went great'
After his shower, Kan said the two cuddled, played with his dog on the bed and then fell asleep.
In the morning, he said he woke up to LH grabbing her clothing from the floor.
He accompanied her downstairs where the two kissed and said goodbye.
Defence lawyer Jim Lutz asked how Kan felt about the date at that point.
"The evening went great," said Kan. "She had a great sense of humour. I thought the sex was great. I had the intention of seeing her again."
'Consensual night'
In her testimony, LH said that when she left his house, she hadn't thought too much about the night.
But after speaking with friends, LH testified she decided to report Kan to police.
Weeks later, Kan said he learned LH had accused him of sexual assault. He testified he reported the allegation to his supervisor at CPS immediately.
"I wanted to be upfront and honest; I had nothing to hide," said Kan. "Despite everything being consensual that night, what she's alleging should be taken seriously."
Closing arguments are expected to take place Friday or Monday.
Court of King's Bench Justice David Labrenz will the deliver final instructions on how to apply the law to jurors' deliberations before they are sequestered until a verdict is reached.
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