Chad Bobrosky had appealed his February 2022 sexual assault conviction by contending the trial decide erred by refusing to permit cross-examination of the alleged sufferer.
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One-time U.S. faculty all-American swimmer Chad Bobrosky will face a second trial, this time earlier than a Calgary jury, on allegations he raped a lady in his condo.
Bobrosky’s case is scheduled to look in Calgary Court docket of King’s Bench subsequent week for the aim of setting a trial date, after the province’s high court docket overturned his conviction final August.
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A 3-member Alberta Court docket of Attraction panel accepted arguments from defence counsel Peter Sankoff that Justice Gord Wong erred to find Bobrosky responsible.
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Bobrosky had appealed his February 2022 sexual-assault conviction primarily based on arguments the trial decide erred by refusing to permit cross-examination of the alleged sufferer on earlier situations of sexual exercise between them, whereas permitting the Crown to cross-examine him on different issues that violated his rights in opposition to self-incrimination.
No causes have been publicly issued on why the enchantment judges decided a retrial was warranted.
Wong had sentenced Bobrosky, 31, to 4½ years in jail in June 2022.
Lower than a month later he was freed on bail pending enchantment and stays at liberty.
The Calgary Court docket of Justice decide discovered Bobrosky had repeatedly raped a lady in his metropolis condo throughout tough, non-consensual intercourse.
In handing Bobrosky his penitentiary time period, Wong discovered that not solely had he violated his sufferer, however he did so whereas inflicting bodily hurt.
“He needed to have recognized he was inflicting hurt on the complainant,” Wong stated, to find Bobrosky repeatedly violated the lady in a number of methods.
“That didn’t deter him. I discover this significantly aggravating,” the decide stated.
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“Inflicting ache was half and parcel of the sexual assault. The acts . . . had been significantly degrading and humiliating, together with the taking of video of the sexual assault.”
The decide rejected Bobrosky’s testimony the sexual contact was consensual.
When Wong sentenced him, Bobrosky cried and hugged his mother and father and girlfriend earlier than being taken to courthouse cells.
His mom additionally glared on the complainant, whose identification is protected by a publication ban, who was seated on the alternative aspect of the courtroom, earlier than a police officer stood up and blocked her view.
Edmonton defence lawyer Deborah Hatch appeared in Court docket of Justice in November to re-elect Bobrosky’s new trial from being earlier than a Court docket of Justice decide to a Court docket of King’s Bench decide sitting with a jury.
Bobrosky was an all-American swimmer on the College of Southern California and gained two gold medals for Workforce Canada at a world junior championship in 2011.
X: @KMartinCourts
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