She Said

By Mitchell D. King

Mia Kennedy is a student at Holy Spirit High School with a loving family and a large group of friends. Robert Harris is a divorced trucker who works long and tough hours on the road, alone and desolate. Following one fateful night at a bar on George Street, St. John’s, the two become entangled in a forbidden relationship.

Mia accuses Robert of four occurrences of sexual assault, and their relationship is dissected and put under a microscope during a three-week trial.

Is their union borne out of love? False pretenses? Violation? Spanning several years, She Said offers an intimate look into both Mia and Robert, the people in their lives who helped shape who they are, and how they came to a three-week trial at the Supreme Court of Newfoundland and Labrador.

• Language: English
• Publisher: Flanker Press
• Release date: Jun 2, 2023
• ISBN: 9781774571323

Mitchell D. King

Mitchell D. King is an associate with Roebothan McKay Marshall. After completing his education at Memorial University (B.A., 2016) with a Certificate of Criminology, and the University of New Brunswick (Juris Doctor, 2019), Mitchell was called to the Newfoundland and Labrador Bar in 2020. He got his start interning for the Crown Attorney’s Office before articling at Roebothan McKay Marshall. He is an active member of both the Canadian Bar Association and the Law Society of Newfoundland and Labrador. Mitchell serves on numerous boards, including the Spinal Cord Injury Association of Canada—Newfoundland and Labrador chapter, and the NLSA Judicial Committee. While at the University of New Brunswick, he was an active contributor to the University’s newspaper, the Ludlow de Jure. Mitchell lives in Conception Bay South with his partner, Julia. While not practising law or writing, Mitchell spends most of his time playing hockey and soccer, travelling, and reading.

Book preview

Contents

Title page

Copyright

Dedication

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

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26

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34

Acknowledgements

About the Author

Note

She Said

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A Crime Novel

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Flanker Press Limited

St. John’s

Copyright

Library and Archives Canada Cataloguing in Publication

Title: She said : a novel / Mitchell D. King.

Names: King, Mitchell D., author.

Identifiers: Canadiana (print) 20220481369 | Canadiana (ebook) 20220481415 | ISBN 9781774571316 (softcover) | ISBN 9781774571323 (EPUB) | ISBN 9781774571330 (PDF)

Classification: LCC PS8621.I5585 S54 2023 | DDC C813/.6—dc23

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© 2023 by Mitchell D. King

all rights reserved. No part of the work covered by the copyright hereon may be reproduced or used in any form or by any means—graphic, electronic or mechanical—without the written permission of the publisher. Any request for photocopying, recording, taping, or information storage and retrieval systems of any part of this book shall be directed to Access Copyright, The Canadian Copyright Licensing Agency, 1 Yonge Street, Suite 800, Toronto, ON M5E 1E5. This applies to classroom use as well. For an Access Copyright licence, visit www.accesscopyright.ca or call toll-free to 1-800-893-5777.

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Printed in Canada

Cover Design by Graham Blair

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We acknowledge the [financial] support of the Government of Canada. Nous reconnaissons l’appui [financier] du gouvernement du Canada. We acknowledge the support of the Canada Council for the Arts, which last year invested $153 million to bring the arts to Canadians throughout the country. Nous remercions le Conseil des arts du Canada de son soutien. L’an dernier, le Conseil a investi 153 millions de dollars pour mettre de l’art dans la vie des Canadiennes et des Canadiens de tout le pays. We acknowledge the financial support of the Government of Newfoundland and Labrador, Department of Tourism, Culture and Recreation for our publishing activities.

Dedication

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To Nan Grandy and Pop King—wish you both could have been here to see this.

1

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"Ladies and gentlemen of the jury, good morning. I hope you are all well, in spite of the circumstances that bring us here today.

"Sexual assault, or rape, is one of the most vile and horrific crimes of our time. Perhaps worse is how prevalent it has become. Girls and women, young and old, walk the streets terrified of what might happen, of who might be lurking in the shadows. They can barely leave the house alone without looking over their shoulders every couple of steps. Although society is transforming and it is becoming less and less acceptable, we have much work to do.

"As was explained during the selection of you fine jurors, a trial for the crime of sexual assault can be uncomfortable. It will make you feel outraged, disgusted, and violated. And if discussing this crime makes you feel that way, imagine how Mia Kennedy felt when Robert Harris was raping her. When he was forcing himself on her against her wishes, despite her cries and pleas. That feeling should make you want to see justice served. That should make you want to do something about it.

"Mia Kennedy, a seventeen-year-old girl. Attending Holy Spirit High School, and in her final year. She was on the cheerleading team and played soccer. She has a large social circle with plenty of supportive friends. She has a happy and healthy family—two loving parents and a supportive brother. If you feel violated in discussing sexual assault and the brutal, sadistic facts and circumstances surrounding this set of crimes, imagine how they feel for their daughter and sister. Their little girl. Imagine how you would feel for your daughter or sister. Your little girl.

"Robert Harris, a forty-one-year-old man who drives trucks for a living. He is a divorcee with no real roots. His constant journeying on highways, his loneliness and isolation, forced him to seek companionship. Unfortunately, he became so infatuated with the idea of companionship that he preyed upon Mia Kennedy.

"Sexual assault occurs when a person is touched in any way that interferes with their sexual integrity. This can include kissing, touching, or any other form of sexual activity perpetuated without the consent of the victim. The worst form of sexual assault, in the eyes of the law, occurs when penetration occurs without consent. More than this, and I quote, ‘Everyone commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures, or endangers the life of the victim.’

"At the heart of sexual assault is the issue of consent. Consent is the voluntary agreement of one party to engage in sexual activity with another. Consent can be understood by everyone, not just through the eyes of the law or by somebody trained in the legal arena. ‘No’ means no. ‘I don’t want to’ means I don’t want to. ‘Get off me’ means get off me.

"The Crown, through the course of this trial, and through the various witnesses being called, will prove that when Robert Harris penetrated and violated Mia Kennedy, it was without consent. On a number of occasions, in a variety of locations, Robert Harris confined Mia Kennedy, forced her clothes off, covered her mouth, and, while choking and sometimes beating her, entered her without permission.

"The dates in question—October 6, 2018, November 17, 2018, January 5, 2019, and December 14, 2019—all play host to a series of aggravated sexual assaults performed by Robert Harris on Mia Kennedy. Mia Kennedy will tell you that she was preyed upon during each of these instances. She was forced into a washroom in a bar, his bedroom at his apartment, a hotel room, and the back of Robert Harris’s truck, and violated.

"Demeaned. Beaten. Choked. Raped.

"Mia Kennedy will tell you that, despite her best efforts, she could not escape the gaze, grasp, and efforts of Robert Harris. She will tell you that, because of these horrific encounters, she is a shell of the person that she once was. Her family life is no longer happy. She does not participate in activities with the same zest as she once did. She has distanced herself from her friends. She can barely maintain her concentration in school. Her dreams and aspirations of playing soccer with Memorial University at the varsity level no longer seem attainable.

"Now, ladies and gentlemen of the jury, Mr. Potts will likely tell you how Robert Harris is a stand-up guy. He will tell you that he maintained a good job. Although he had an ex-wife and family that was no longer happy, per se, he was happy. Mr. Potts will tell you that he is not the type of guy that I am trying to make him out to be. He will tell you that Mr. Harris genuinely thought that Miss Kennedy consented to these meetings and intercourse. More than that, Mr. Potts will beg and plead with you to offer Mr. Harris sympathy. I beg you not to do that.

"Ladies and gentlemen, nothing you decide will repair the harm that I have outlined as to how Mia Kennedy and her family have suffered. Nothing you decide will be able to repair her family and the hurt that they have endured. Nothing will turn back time. However, as far as justice can carry us, what you decide can help to at least start her and her family on the path to healing. It can help to offer Mia Kennedy closure, and perhaps to set her on a road toward regaining some form of normalcy.

"What you can do, ladies and gentlemen, is decide to hold Robert Harris accountable for the indecent, malicious, and violent crimes that he has committed against Mia Kennedy. What you decide can perhaps lead Mr. Harris down a road toward salvation and rehabilitation. I am confident that, when the evidence is presented, you will make the correct choice and convict Robert Harris on all counts of sexual assault and aggravated sexual assault.

Thank you.

2

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"Ladies and gentlemen of the jury, good morning. You are all brought here for the next month or so under some very uncomfortable and concerning circumstances. Sexual assault and rape are some of the hardest topics to talk about in society today. They are also some of the most difficult concerns to discuss in the eyes of the law. These issues are emotionally charged and, quite frankly, very draining.

"Despite the emotional distress that these cases can create, it is your job, ladies and gentlemen of the jury, to separate the emotion from the facts, and the emotion from the law. It is your job to look at the facts of this case, and how they relate to the law of sexual assault and aggravated sexual assault, with an objective view.

"The Crown has already spun a troubling and enticing narrative. A narrative that would surely grab headlines and, in fact, already has grabbed headlines. They will paint Mr. Harris as a monster. They will get to do so before Mr. Harris even gets to tell his side of the story. What is further troubling about a case of this nature is the fact that Mr. Harris can’t prove a negative. He is not able to prove that he, in fact, did not commit these crimes. There is no physical evidence to disprove the lies and stories that Mr. Winter will weave through his witnesses. And it is generally said that the truth is not to get in the way of a good story.

"Although good stories are intriguing, they must be proven by facts. Not by emotion, or contradictory evidence, or contradictory statements, or claims and statements otherwise proven to be false—these are not facts. And if they are not facts, and are unable to be proven, they absolutely cannot be used to convict an innocent man of crimes and put him behind bars.

"What there is, however, is reasonable doubt. Reasonable doubt is the cornerstone of Canadian criminal law. This means that, if there is some portion of you that thinks that Mr. Harris may not have committed the crimes that he is accused of, then you must acquit. If you do not believe Miss Kennedy’s testimony, then you must acquit. Even if you do believe Miss Kennedy’s testimony, but you also believe the testimony of Robert Harris, then you must acquit. There can be no doubt, no nagging suspicion, no trailing thought. In order to convict a person of a crime in Canada, there must be nothing but one hundred per cent certainty.

"I take no issue with Mr. Winter’s comments about Mia Kennedy. From everything that I have seen and read, she was a happy and healthy young woman. She was involved in athletics and in her school community. I have no doubt that she was upset with the aftermath of her encounters with Mr. Harris.

"What I do take issue with, however, are some of Mr. Winter’s comments as they relate to Robert Harris. He was, in fact, a truck driver, who drove long hours between the provinces of Newfoundland and Labrador and the Maritimes. He was a divorcee, but he maintained healthy and happy relationships everywhere he went. He has three brothers, one sister, and parents who are being ripped apart by these allegations. Further, Mr. Winter puts forward that Mr. Harris was seeking companionship—but who among us is not? We all seek comfort.

"The reality of the situation is that Robert Harris and Mia Kennedy were engaged in a fully-consensual relationship. One fateful day at a bar in St. John’s in June of 2018, the two met. Predicated on a lie, this started an affair that carried on for the better part of two years. Though their meetings were fleeting due to the nature of Mr. Harris’s work, Mia Kennedy had found her first love. Miss Kennedy, for over two years, lied to Robert Harris about her age. He operated on the assumption that Mia was in her mid-twenties, as that is what she told him. They met in a bar, he had no reason to believe that she was underage. When Robert Harris discovered just how young she was, he ended things. He knew what was right and what was wrong. And once Mia Kennedy’s age came to light, he knew he had to cut ties. Some of you may think that this age gap is unbecoming. But remember, your personal preferences are not to impact the reality that, for over a year, Robert Harris was under the impression that he had found happiness with another consenting adult.

"What resulted was a young woman, who had just had her heart broken by the first person that she ever loved, launching a series of false and unrealized allegations against him. Do I believe that Miss Kennedy thought that all of this would come from these allegations? No, I do not. But here we are, trying an innocent man because an immature young woman could not handle having her heart broken.

"The Crown bears the burden of proof in a case like this, ladies and gentlemen. Mr. Harris has no obligation to prove his innocence—as the standard remains that one is innocent until proven guilty. Not guilty until proven innocent. And so, I am not going to list all of the contradictory evidence, or the inconsistencies that this case is already rife with. But I urge you all to pay attention to the evidence as it is laid out. Pay attention to inconsistencies and contradiction. I promise that, if you do that, you will be left with plenty of doubt