Phillip Levac, 33, is guilty of two counts of sexual assault against a 14-year-old girl. The convictions stem from two incidents at Levac’s Regina home in April 2018.
He was also charged with two counts of sexual interference from the same incidents. Those charges were stayed upon the Crown’s request.
The girl, who is now 16 years old, cannot be named under a publication ban.
Eleven witnesses were called to testify, including Levac and the girl, at the Court of Queen’s Bench.
In his decision, Justice Graeme Mitchell said “only the two of them know with certainty what took place.”
“This is the classic he-said, she-said scenario,” Mitchell said.
The trial began in December 2019.
Both the girl and Levac testified that they met at the weight room at the Fieldhouse and Lawson Aquatic Centre in April 2018.
The girl said she asked Levac to be her personal trainer and didn’t view their relationship as much more than professional.
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Levac described their trainer-client relationship as “friendly at best.”
In the weeks leading up to the sexual assaults, the two sent more than 400 texts to each other in five days.
The girl testified the conversation moved to SnapChat, where she and Levac exchanged naked photos and videos.
She also admitted to developing some “feelings” toward him. She said Levac told her he had feelings for her, too.
On two separate occasions, the girl said she went to Levac’s house thinking they would “hang out” as friends.
Both times, he sexually assaulted her.
During cross-examination, the defence questioned why the girl would go back to Levac’s house a second time.
“I was too scared to fight back or say no, because I thought he was going to hurt me,” the girl said during the trial.
In his decision, Justice Mitchell acknowledged many women much older than the girl continue to go back to abusive relationships, but that doesn’t mean the assaults aren’t real.
According to a forensic expert’s testimony, matches for the girl’s DNA were found in nine different spots in Levac’s bed.
The defence argued the girl’s sweat from one of Levac’s gym towels transferred onto his bedding.
Justice Mitchell said Levac’s explanation for the DNA was “unconvincing.”
Mitchell highlighted other flaws in Levac’s case, including his omission of the girl’s age to his probation officer.
Levac has a long criminal record, dating back to 2002, which includes three previous sexual assaults among other crimes. Levac was released from prison in September 2017. At that time, he was deemed a high risk to re-offend.
The judge could not consider Levac’s criminal past in his decision.
A sentencing hearing is scheduled for June 26.
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