A Red Deer pastor has been found guilty of one count of sexual assault.
Judge Darrell Riemer handed down his verdict in the case of Stan Schalk, 57, in Red Deer’s Provincial Court on Wednesday afternoon.
The offense took place between June 15th-30th, 2015. The victim, whose identity is protected by a publication ban, was working for Schalk at his residence doing some painting and staining. Court heard the job was offered to her after Schalk learned the victim was in need of financial help.
During the victim’s testimony, she recounted an incident where her and Schalk embraced in his kitchen and he ran his hands down her back and grabbed her buttocks. The victim testified she told Schalk to not do that again. She also testified about an incident in which Schalk drove her near Delburne without telling her where they were going. She said in that instance, Schalk took her to a favourite spot of his where they had a picnic lunch and where he touched her left breast.
Schalk admitted to the incident happening on the stand, but said the picnic was something that was previously planned between the two and the events following were a case of two people going too far.
In regards to the incident that happened in Schalk’s kitchen where he touched the victim’s buttocks, Riemer said Schalk was evasive and self-serving and that his testimony in relation to that specific incident was not credible.
Pointing to the picnic, Riemer noted Schalk admitted to the incidents happening and he said he accepts the victim’s testimony as credible.
“There is no such thing as implied consent,” said Riemer. “Ambiguous conduct does not equate to consent. Grabbing a breast constitutes sexual assault.”
He added Schalk did not stop touching the victim’s breast when the victim requested he not.
Schalk’s case will return to court Sept. 29th in order to set a date for sentencing. A pre-sentence report has been requested which takes between six to eight weeks to obtain.