A judge has dismissed the appeal of former Windsor Spitfire Ben Johnson, who was convicted of sexual assault last year.
The appeal was dismissed in the Ontario Court of Appeal in Toronto on Tuesday.
In September of 2016, Johnson was convicted of sexual assaulting a 16-year-old girl on St. Patrick’s Day 2013, at the Mynt Nightclub in Windsor. He was sentenced to three years in prison in October 2016.
In his ruling, Justice Kirk Munroe said based on the evidence of several witnesses, Johnson should have known that the victim was too “out of it” from consuming alcohol to give consent to any sexual interaction. The judge said he found Johnson’s testimony “unbelievable” based on evidence provided by a sexual assault nurse and multiple witnesses in the bar that night.
Johnson has been out on bail since November of last year when the appeal was filed. He since been remanded back into custody to serve his sentence.
James Lockyer, the Toronto-based lawyer representing Johnson during his appeal, could not be reached for comment.
Johnson played for three seasons with the Windsor Spitfires after joining the OHL during the 2011-2012 season.
-With files from Maureen Revait