‘Rape victim’ asked by judge why she couldn’t ‘keep her knees together’ now forced to testify on accused’s penis size
Alexander Scott Wagar's lawyer asked his alleged victim whether she had been attracted to him when he flashed his genitals at a party
An alleged rape victim who was asked by a judge why she didn't just "keep her knees together" has now been asked to answer questions about her alleged attacker's penis size.
Alexander Scott Wagar, 29, was acquitted of a 2011 rape of a then-19-year-old woman in 2014. However the verdict was overturned and a retrial ordered after Justice Robin Camp's comments emerged.
During a cross-examination, Wagar's lawyer asked the woman whether she had been attracted to Wagar after he flashed his penis to a room full of party guests, and she saw it was larger than usual.
The woman has repeatedly testified that she is attracted only to women. Her response was simply, "No".
Wagar's defence attorney Pat Flynn also argued that the sex had been consensual as Wagar and his accuser had engaged in "aggressive foreplay".
She was also accused of fabricating the rape story after finding out he had had sex with another woman at the party later that night.
The victim denied both accusations.
During the original trial, the complainant testified that she was at a house party in Calgary, Canada, when Wagar entered a bathroom with her, locked the door, tore off her clothes, then bent her over the sink and raped her for around 20 minutes.
But Justice Camp demanded to know "why she allowed the sex to happen if she didn't want it".
He said that she should have kept her legs together or manoeuvred herself so that it would not have been possible for Wagar to penetrate her.
He noted that the complainant had asked Wagar whether he had a condom, which he interpreted as an explicit invitation to have sex with her.
He also repeatedly referred to her as "the accused", when it was in fact Wagar who was on trial.
A Canadian Judicial Council has launched an investigation into Camp's professional conduct, and is considering whether he should be removed from the bar.
He has since apologised for being "rude and facetious".
Earlier this week, Wagar adamantly insisted that his encounter with his alleged victim had been consensual.
"I am not a f***ing rapist," he said. "If she would have made any sort of objection, I can tell you beyond a shadow of a doubt, swear on the Bible, I am a Christian.
"My mother put it in my mind since I was a kid that if a woman says no, it means no."