Sexual assault trial concludes
This story contains material some may find disturbing
CBC News
Posted: Sep 19, 2012 3:06 PM AT
Last Updated: Sep 19, 2012 8:23 PM AT
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Dwayne Arthur Hawkes entering Summerside Provincial Court on Monday. (CBC)Two days of testimony wrapped up Tuesday in Summerside provincial court.
Dwayne Arthur Hawkes, 45, had already pleaded not guilty to three charges: sexual assault with a weapon causing bodily harm, common assault and sexual assault.
Hawkes alleged victim testified they originally met online.
The woman told the court Hawkes was drunk the night of the first alleged assault, in which she testified he assaulted her with battery operated sex toys. She said the incident left her in pain and bleeding.
She also told the court Hawkes had his lap top turned on and she could see the image of a man on the screen who was watching and typing at the keyboard.
The woman testified she and Hawkes argued the next day, and she said she was pushed around and choked by Hawkes.
She went to police after another alleged sexual assault, months later. In that incident, she told the court she consented to sex, but then objected when the web cam was turned on.
The woman testified, "I wanted to protect every woman and child out there."
In court Hawkes admitted he and the alleged victim had sex in front of his webcam so others could watch. But he said the woman's allegations of sexual assault are an attempt to make his life "hell".
Hawkes told court he and the woman used a web site that allowed visitors to see live video of each other and to exchange instant text messages. He testified he and the woman bought the sex toys together and it was she who initiated the online broadcast of their use.
Hawkes also told court in the second alleged sexual assault, the sex was consensual and he was joking when he told her the webcam was on.
He also denied shoving and choking the woman during an argument.
Hawkes told the court the woman began harassing him after they stopped seeing each other.
No evidence, says defence
In closing arguments, defence lawyer Trish Cheverie pointed to what she called a lack of evidence against her client. Police analysts found no pictures or video on Hawkes's computer of the alleged assaults. A doctor who examined the woman months after the incidents said he found what he called a suspicious lump but no definitive medical evidence of sexual assault.
Hawkes told court he has had drug and alcohol problems and is getting treatment. He also acknowledged his criminal record includes one previous conviction for sexual assault.
Judge Jeff Lantz will hand down his decision Oct. 10.
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