Warning this story contains content that might be graphic or triggering for some readers.
A Kelowna man took the stand in a Supreme Court room for the first time on May 13, to face one charge of sexual assault.
On the third day of what is scheduled to be a two week trial by jury, Brandon Emslie, 27, defended himself against allegations of assault stemming from an incident that occurred on Oct. 26, 2018.
The claimant’s name has been protected by a publication ban and she will be referred to as F.C.
Earlier in the trial, while under cross examination F.C. maintained that she said was not a willing participant of the unprotected sex.
“When his penis came close to entering my vagina I said no.”
In a text message to Emslie following the event F.C. said, “I was ready to have sex but not without a condom.”
Emslie stated that he intended to use a condom but that his penis “accidentally slipped in,” to the claimant’s vagina.
He alleged that the sexual encounter was consensual but said that after the incident the two agreed that they “probably shouldn’t have done that.”
The defendant then told the court he was the one to stop the sex, not F.C.
Emslie and F.C. initially met while he was her trainer at local gym. They later reconnected on a dating app.
He has since lost his job at the gym due to criminal charges relating to the case.
The trial continues on Monday.