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Cape Breton couple found guilty on sex charges involving young girl
CBC
A provincial court judge in Port Hawkesbury, N.S., has found a Cape Breton couple guilty of sex crimes involving a young girl.
Richmond County residents Daryl and Shelley Digout were charged in 2023 with sexual assault, sexual interference and sexual exploitation involving a youth who was regularly in their care for spiritual training and Bible studies.
The girl, who cannot be identified because of her age, was between nine and 12 years old at the time of the offences.
During a trial last month, the Digouts pointed out inconsistencies in the girl's testimony, saying the now-16-year-old often did not recall or remember details in her answers. But Judge Paul Scovil said there is plenty of case law that allows the court to use common sense when deciding on a child's credibility.
"With regard to Daryl Digout's arguments regarding inconsistencies in [the girl's] evidence both at trial and when compared to prior statements made to the police … I find it does not detract from [the girl's] evidence regarding the offences," Scovil said.
The girl told court she started staying with the Digouts on weekends when she was about nine years old. She testified that she usually slept in a room separate from the Digouts when other children were present, but slept in their bed whenever she was alone and felt scared.
Witnesses corroborated those facts, the judge said.
The girl told court that during one of her stays, Daryl Digout placed his hands on her chest and prayed for larger breasts to help her have babies.
She said when she was 11 or 12, the Digouts enticed her to join them in sex that included intercourse.
The Digouts were self-represented and did not present any evidence in court. But they denied the charges and said others put ideas in the girl's head.
Scovil said there was no evidence that someone helped the girl to lie.
The judge said it was up to the Crown to prove its case beyond a reasonable doubt, and that he had no trouble believing the girl.
"I note that [the girl] gave strong and highly credible testimony as to both the touching of her breasts to pray for larger ones and both the fact that the Digouts engaged in sexual activity while [the girl] was in their bed and that the final sexual engagement between both the Digouts and [the girl] occurred."
Scovil said what he called the "blessing of the breasts" clearly violated the girl's sexual integrity.