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Soldier acquitted of CFB Borden sexual assault and forcible confinement charges
Soldier acquitted of CFB Borden sexual assault and forcible confinement charges

CTV News

time6 days ago

  • CTV News

Soldier acquitted of CFB Borden sexual assault and forcible confinement charges

Oleksii Silin outside the courthouse in Barrie, Ont., on Tues., June 4, 2025. A Canadian Forces member accused of sexual assault and forcible confinement by a fellow solider in May 2018 has been acquitted in a Barrie, Ont. courtroom. Corporal Oleksii Silin, 45, was charged following a private prosecution brought forward by complainant Elle Jaszberenyi in 2023. Jaszberenyi alleged Silin sexually violated her when he shoved her into a broom closet following drinks in a common room May 13, 2018. Silin walked out of the courthouse proclaiming his innocence. 'I'm innocent. I'm not guilty from the beginning,' said Silin. 'But unfortunately, in public and on the news you guys make hard time for my life, for my family.' Silin, whose trial got underway in October 2024, took the witness stand in his defence. He testified Jaszberenyi, who had a court-imposed publication ban removed to allow for her identity to be revealed, was a willing participant in consensual sexual intercourse. 'It was very stressful, but I am just happy in the end that justice in Canada exists,' said Silin. Oleksii Silin Oleksii Silin outside the courthouse in Barrie, Ont., on Tues., June 4, 2025. (CTV News/Mike Arsalides) Justice Robert Gattrell found the Crown failed to prove Silin's guilt beyond a reasonable doubt, identifying credibility issues following testimony from both Silin and Jaszberenyi. Silin told the court he guided Jaszberenyi into the closet that night, but the complainant insisted Silin pulled her in and forced himself on her. She told the court 'it all happened very quickly' and she gave in to Silin while fearing for her safety and in shock by what was happening to her. Silin expressed shame for betraying the trust of his wife. 'It's going to be a shame on the rest of my life it was about cheating on my wife,' said Silin. He maintained it was the 'first and last' time he has cheated on his wife. The Barrie judge said he agreed with the defence, which argued Jaszberenyi came across as someone with 'an agenda,' who took issue with the military's treatment of members, particularly women, who come forward with allegations of sexual assault and misconduct. The prosecution against Silin is now over, though his lawyer Mitchell Worsoff said the lingering harm to one's reputation remains, for his client and others charged with similar offences. 'It's unfortunate,' said Worsoff. 'What ends up happening in these cases is a man walks out of court innocent but there's still a stigma attached to the nature of the charge and the embarrassment. And I am happy for him, but you know, justice is never fully served in these cases when someone's innocent.' The complainant came forward to military police the following day to report the incident. Silin suggested it was because Jaszberenyi felt scorned. 'She was feeling alone and she's still alone,' said Silin when asked why he was accused by Jaszberenyi. The complainant expressed disappointment in the interpretation of the facts by Justice Gattrell. Silin said he plans to move on with his life and his career as a proud member the Canadian Armed Forces.

Canadian Forces corporal acquitted of sexual assault, forcible confinement charges
Canadian Forces corporal acquitted of sexual assault, forcible confinement charges

CBC

time6 days ago

  • General
  • CBC

Canadian Forces corporal acquitted of sexual assault, forcible confinement charges

A Canadian Forces corporal was found not guilty of forcible confinement and sexual assault Wednesday following a judge-alone trial before the Ontario Court of Justice in Barrie, Ont. Justice Robert Gattrell said in his ruling that he found inconsistencies and credibility issues with the evidence provided by both the accused, Cpl. Oleksii Silin, and the complainant, Elle Jaszberenyi — both of whom testified during the trial. However, Gatrell said that these types of cases do not boil down to "a credibility contest between the complainant and the accused." He said he has to determine whether "the Crown has proven the charges beyond a reasonable doubt." In this case, the Crown did not meet the test, Gattrell said. "Given the credibility concern pertaining to the evidence of the complainant, the court would be wary about grounding convictions on this evidence," said Gattrell. "This is not to say that there was no sexual assault or forcible confinement but rather that the offences have not been proven beyond a reasonable doubt." Jaszberenyi, a former Canadian Forces soldier, claimed Silin forced her into a broom closet on Canadian Forces Base Borden in May 2018. Silin was charged after Jaszberenyi, 60, filed for a private prosecution in October 2022, and the Crown's office in Barrie agreed to take the case. A private prosecution offers a way for the public to try to file charges against someone without a police investigation taking place if they feel a crime has been committed — though it happens rarely. Jaszberenyi decided to go that route after the military refused to prosecute her sexual assault allegation following a 2018 investigation. Her attempts to reopen the case through the Military Police Complaints Commission, a quasi-judicial civilian oversight body, and the Federal Court also failed. The names of sexual assault complainants are generally covered by publication bans during court proceedings. But Jaszberenyi, who is no longer with the Canadian Forces, requested the publication ban be lifted on her name. Stigma from charges lasts 'forever' Silin was emotional with relief and immediately phoned his wife after the verdict, said his lawyer Mitchell Worsoff. "He deserved to be acquitted. I believed him from the beginning," Worsoff said. "He's been suffering from this, having this fear now for well over two years." Worsoff said Silin hopes that now, with the case behind him, he can continue to advance his career with the Canadian Forces. Silin is currently stationed at Canadian Forces Base Gagetown in Oromocto, N.B. Worsoff said that Silin must now work to erase the stigma that the case has attached to his life "You are never compensated for the emotional strife you suffer while this is going on," the lawyer said. "The stigma attached seems to last forever."

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