A special education technician accused of sexually exploiting a teenager he met at a youth center was acquitted Tuesday, even though it is “probable” that he committed the crimes. David Gingras’ “consistent” and “corroborated” testimony aroused reasonable doubt in the judge’s mind.
“The Court does not fully believe the testimony of the accused. However, his testimony does not contain major contradictions or implausibilities that would allow this denial of the offenses to be ruled out or rejected. Likewise, it does not include any exaggeration or embellishment that would have allowed him to dismiss it,” judge Serge Cimon concluded Tuesday at the Laval courthouse.
David Gingras, a 34-year-old resident of Mirabel, was accused since 2020 of several counts: sexual exploitation, sexual contact with a minor, incitement to sexual contact and sexual assault. His trial took place last year.
A specialized education technician, David Gingras worked from 2015 to 2016 as a facilitator at the Laval-Ouest youth center. It was there that he met the complainant, then aged 12. In 2016, David Gingras was fired for his “unsuitable language” and for driving a young person back without authorization.
Shortly after, the complainant’s mother asked David Gingras to continue doing activities with her son. At the time, the teenager had behavioral problems and had no male figure around him. He has a good relationship with David Gingras.
In 2020, the young man, now aged 17, reported David Gingras to the police. He claims that Gingras kissed him on the mouth from the age of 14. It relates numerous sexual gestures, including penetration.
According to the judge, the complainant’s testimony at trial is “credible”, but contains “numerous flaws, which significantly affect his story”. The judge lists numerous vague answers from the plaintiff on important elements of the case.
“For the Court, it is probable that the offense took place. However, due to the low reliability of the testimony [du plaignant]the Court concludes that the Prosecutor has not discharged his heavy burden of proving beyond a reasonable doubt the alleged offenses,” concludes Judge Cimon.
Me Brenda Toucado represented the public prosecutor, while Me Laurent Morin defended the accused.