Cape Breton couple denies sexually assaulting girl, says claims were 'put into her head by others'

A Cape Breton couple accused of sex crimes involving a preteen girl denies the allegations, claiming they are the victims of people who don't share their religious beliefs.

Daryl and Shelley Digout are charged with sexual assault, sexual interference and other crimes involving a girl they looked after on weekends when she was between nine and 12 years old.

The charges are "due to religious conflict and a different path that we were on," Shelley Digout told the court Wednesday. "I propose to the court that the complainant was used as a pawn."

Evidence presented in provincial court in Port Hawkesbury, N.S., last week suggested they have provided spiritual training and Bible studies, including sleepovers, to children over several decades.

The case is subject to a publication ban on anything that could identify the complainant.

Witnesses said the complainant frequently spent entire weekends at the Digout home in rural Richmond County, sometimes sleeping in their bed when she was the only child staying over.

The girl told court during one of her stays, Daryl Digout placed his hands on her chest and prayed for larger breasts to help her have babies.

She also said she occasionally showered with Shelley Digout and was shown how to shave her "private parts" in preparation for sex.

The girl also said when she was 11 or 12, the Digouts asked her if it was OK if they had sex while she was in bed with them and later persuaded her to join them in sex.

'Grooming' allegations

In her summation of the case Wednesday, Crown attorney Constance MacIsaac said evidence showed the Digouts engaged in three separate incidents of a "grooming type of behaviour" that led to charges including sexual assault, sexual interference and invitation to sexual touching.

Witnesses testified that spiritual training by the Digouts included discussing the connections between womanhood, menstruation, sex and marriage.

The girl told court she was interested in that and believed the Digouts when they told her she would grow up to have lots of babies.

The Digouts did not testify or call witnesses in their defence and have not said publicly what their religion is or what their beliefs are. Witnesses said in addition to Bible studies, the Digouts observed the Sabbath on weekends.

In summations Wednesday, the Digouts denied the sexual allegations.

The Digouts told the judge they were stories made up by people with different religious beliefs and alleged the girl's mother was practising witchcraft.

They also said the girl's testimony contained inconsistencies and had no credibility.

"I believe that her recollection is extremely faulty and in fact, my belief is ... [it] was put into her head by others," Daryl Digout said.

Additional charge

The Digouts are also facing one charge of failing to appear at the RCMP detachment in St. Peters for fingerprinting after their initial arrest in 2023.

"In my opinion, the Crown has not met the burden of proving their case beyond a reasonable doubt, and in regards to missing the fingerprinting ... I ask the court to consider time spent in court as being sufficient incarceration for that," Daryl Digout said.

In her summation, the Crown attorney cited previous court decisions saying proof beyond a reasonable doubt is possible despite inconsistencies.

MacIsaac said even though the complainant was unsure of some of the details, her testimony "had the ring of truth."

The judge is expected to rule on the case Feb. 21.