Former Saint Mary’s University (SMU) groundskeeper Matthew Albert Percy was back on the stand at his sexual assault trial Friday, this time defending his choice to record the sexual encounter and reiterating that the sex was consensual.
Percy, 35, has been charged with sexual assault and voyeurism. This is his second of four trials.
Earlier in August, Percy was acquitted on charges of sexual assault, choking to overcome resistance and voyeurism from an incident with a different SMU student at his Birches Drive apartment.
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During his testimony, Percy said he took his phone out and started recording while the complainant was performing oral sex on him. Percy admitted that he didn’t verbalize to the complainant that he was recording, but “assumed she consented because she was looking directly at the camera.”
Percy also testified that the complainant never commented on the recording throughout the night.
The woman’s identity has been concealed under a publication ban.
READ MORE: Matthew Percy, former SMU groundskeeper, acquitted in sexual assault case
The Crown began Friday’s questioning with an attempt to find discrepancies in Percy’s version of events the night of the alleged sexual assault.
Crown prosecutor Rick Woodburn pressed Percy on his recollection of the walk home from the bar, the walk through the SMU residence and how the sexual encounter between him and the complainant began.
Percy said he and the complainant connected outside the Wooden Monkey on Grafton Street after Percy spotted her at Cheers Bar & Grill, around 2:20 a.m. on Sept. 15. On Thursday, he testified that he met the complainant at Cheers after going to three different bars.
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Percy testified that they stopped and kissed several times, with the entire walk home taking roughly 40 minutes. He said by the time they arrived at the dormitory, he “assumed they were going to engage in some sort of sexual activity.”
According to Percy, when they arrived back at the dorm, the complainant took off her shirt and bra off in “one smooth motion,” then proceeded to take off her pants and underwear. He says they proceeded to have oral sex, and he recorded it. Percy believed she was “performing for the camera” and it “seemed like she was really enjoying herself.”
Percy testified that he then put his phone down and the pair engaged in sexual intercourse. Afterwards, Percy said the woman went to the bathroom and he could hear the shower running.
Percy said he entered the bathroom approximately a minute later “to make sure she was OK.” Woodburn asked Percy if he asked the complainant if he could enter the bathroom, to which Percy said “no.”
Percy became visibly defensive at times, often retorting the Crown’s question with one of his own, to which the judge instructed him to focus on answering questions from the Crown.
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Percy said he entered the tub with the complainant for a short amount of time, then they returned to the bedroom. Percy testified that he then asked the complainant if she wanted to continue having sex and she said “yes.”
He said the complainant’s level engagement was lower the second time, but claimed there were no signs that told him he should stop.
The former SMU groundskeeper’s sexual assault trial is scheduled to resume on Oct. 2.
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