I had asked my closest comedian friends to perform for my birthday; he had contacted me and asked if he could perform because he had heard about the show. I added him to the lineup.
Friends, family, comedian friends, brought me drinks and shots throughout the night. I was having fun but was becoming increasingly intoxicated.
He offered to make sure he would get me home safe at the end of the night. I did not ask him. He offered this to my father, who was concerned about me and was trying to give me a ride home. It was only 11, many of my friends were still there, I didn’t want to leave.
I told him it was very sweet of him to be a good friend, but wanted to make sure he understood nothing would be happening between us. More than once we had this conversation. I did not want to give mixed signals, so I made sure we were clear. He promised nothing would happen, that his only intention was to make sure I got home safe. He would get me inside and he would leave and cab to his place.
That is not what happened. When he got me in the door, I thought he had left. I was dangerously intoxicated. I barely made it to my bed before I was unconscious. He had not left.
In the past decade, the VPD Sex Crimes Unit investigated and recommended a charge of sexual assault. The Crown declined to charge, as he wanted a 95% certainty of conviction before he would even charge.
I filed my civil sexual battery case in 2019. He counter-sued me for defamation, as things had become public in a comedy forum on Facebook - first by him, and then by me.
2 adjourned trials and one cancelled trial due to the judge shortage in BC brought us to the 4th scheduled trial in October 2025. After a month long trial, in which I testified for 6 days, 4 days of which was a gruelling, re-traumatizing cross examination, and every private aspect of my life all the way back to birth, was ripped apart in court.
The judgment finally came out on March 13, 2026.
The judge found:
There was NO CONSENT
There was NO CAPACITY TO CONSENT.
And then…
She dismissed my case because she believed that he could possibly have had a “mistaken belief in consent.”
This is a shocking and unprecedented court decision.
I will be appealing. I cannot appeal without the court transcripts, which will cost between $20,000 to $30,000.
That is not including the over $150,000 it has taken to get me this far.
I cannot believe this is not over.”
Source: Facebook
Elisha has established a GoFundMe campaign. Not just for her. This judgment is terrifying for all survivors of sexual assault. Elisha says: “Please help me to finish this battle that has taken over a decade of my life. We are almost there.”
A more detailed article was published in the Williams Lake Tribune.
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