WARNING: The following story contains details some readers may find disturbing.
A Radium man convicted of sexual assault has won his appeal and will receive a new trial.
Joseph Lyons was convicted of sexual assault on April 25, 2024, and sentenced to three years in prison.
The case dates back to May 2021, when Lyons moved away and ended a relationship with a woman identified as N.K. because of a publication ban protecting her identity.
Lyons moved back to Radium in 2022.
In the weeks before the alleged sexual assault, N.K. exchanged text messages and communicated by phone with Lyons.
She testified that he was trying to come over to her home to look at a trailer she was selling and she made it clear that she did not want to see him or talk to him for fear of hurting her new partner or jeopardizing their relationship.
She then testified that at around 11:00 p.m. on Aug. 29, 2022 Lyons came to her house where a violent encounter occurred. She said Lyons dragged her upstairs and sexually assaulted her.
Lyons admitted a sexual encounter occurred but said it was consensual.
During Lyons’ cross-examination the Crown tendered screenshots of a number of text messages exchanged between Lyons and N.K. and that’s where the crux of the appeal comes from.
Lyons appeal his conviction on the basis that the trial judge erred by failing to hold a voir dire before relying on evidence of other sexual activity and sexual disinterest (text messages).
A voir dire determines if specific evidence is admissible, typical held in a mini-hearing away from the jury.
In this case, the text messages had not been put to N.K. during her testimony, but the crown presented them during Lyons’ testimony.
Neither party applied to introduce this evidence, so there was no voir dire testing its admissibility.
The trial judge relied on the text messages in convicting Lyons.
As a result, the appeal court allowed the appeal, set aside Lyons’ conviction and ordered a new trial.
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