By Dean Pritchard ,Winnipeg Sun First posted: Thursday, January 16, 2014 07:03 PM EST
A Winnipeg man who testified he is "flamboyantly" gay and finds the idea of sex with a woman "revolting" has been found not guilty of sexually assaulting his female roommate.
Justice Herbert Rempel said while he wasn't satisfied the accused was entirely truthful in his testimony and may have exaggerated his "flamboyance" on the witness stand, there was no doubt in his mind the man is gay.
"He made a point of testifying he was a flamboyantly gay man or effeminate and this was obvious in his opinion to any neutral observer," Rempel said. "He went on to state the thought of having sexual relations with a female revolted him."
At a trial last fall, the alleged victim testified she awoke in bed after a long night of partying to find the accused having sex with her. She said he ran to another room where he jumped in bed with his boyfriend and pretended to be asleep.
The woman later underwent a medical examination which confirmed the presence of semen but it did not match the DNA of the accused.
The accused testified he told the woman and other partygoers his new boyfriend was his cousin, so as not to anger relatives of his allegedly abusive ex-boyfriend.
The woman claimed the accused told her and other partygoers that night he was bisexual, a claim the accused denied.
"It strikes me as passing strange that he would make this admission in the presence of his new boyfriend and several family members of his estranged lover," Rempel said.
Rempel said the woman was shaky in her testimony and evasive when questioned about the identity of a "mystery man" seen in her bedroom.
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