Ben Johnson leaves the Superior Court after the judge delivers a guilty ruling, September 1, 2016. (Photo by Maureen Revait) Ben Johnson leaves the Superior Court after the judge delivers a guilty ruling, September 1, 2016. (Photo by Maureen Revait)
Windsor

Former Spitfire Ben Johnson Guilty Of Sexual Assault

Former Windsor Spitfire Ben Johnson has been found guilty of the sexual assault of a 16-year-old girl in a Windsor bar in 2013.

In a three hour long ruling, Judge Kirk Munroe said he found Johnson's testimony "unbelievable" based on evidence provided by a sexual assault nurse and multiple witnesses in the bar that night.

Based on the evidence provided in the ten-day trial the judge determined a blood stain found on the victim's white pants was from a tear of the hymen and not from her menstrual cycle as Johnson testified. This led him to the conclusion that vaginal sex did occur in the bathroom stall that night.

Munroe said based on the evidence of several witnesses Johnson should have known that the victim was too "out of it" from the consumption of alcohol to give consent to any sexual interaction.

Both the victim's family and Johnson's family were overcome with emotion when the final ruling was made.  Johnson sat at the defence table crying with his head in his hands as the court proceeded.

Johnson was released under his current bail agreement until Friday morning at 10am when the court will decide if Johnson will be remanded into custody until his sentencing.

Johnson refused to comment when leaving the courthouse.  Both lawyers also reserved comment until after the bail hearing Friday morning.

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