Skip to content

Man convicted of raping teenager

By Keith Lacey A Sudbury man convicted Friday of raping a teenager 14 months ago is looking at the possibility of a lengthy penitentiary term when he?s sentenced in two weeks? time.
By Keith Lacey

A Sudbury man convicted Friday of raping a teenager 14 months ago is looking at the possibility of a lengthy penitentiary term when he?s sentenced in two weeks? time.

Justice Patricia Hennessy of the Ontario Superior Court of Justice said she found Donald Kocurek?s version of events were illogical.

?I don?t believe the evidence of the accused,? said Hennessy Friday. She found Kocurek, 32, guilty of sexually assaulting a 19-year-old woman in the early morning hours of April 27, 2001.

The complainant?s testimony, said Hennessy, ?was possible and plausible?and I don?t believe she is fabricating evidence.?

While Hennessy found Kocurek guilty of rape, she found him not guilty of forcible confinement and uttering threats to cause serious bodily harm. She said he she wasn?t convinced beyond a reasonable doubt on those counts.

Kocurek?s lawyer Glenn Sandberg said the verdict will be appealed.

Sandberg said he couldn?t understand how Hennessy could convict on what he considered numerous inconsistencies in the complainant?s testimony and the lack of any physical evidence of any violent sexual assault.

?I?m very surprised at the decision,? said Sandberg. ?The reasons that were given for (to convict on the charge of sexual assault) will lead me to consider very carefully the question of an appeal.

?I intend to look very, very seriously at appealing this conviction, irregardless of what happens at sentencing.?

Kocurek has spent almost 15 months in custody since his arrest the morning after the sexual assault.

During testimony Kocurek testified he and a male friend met the woman around 1 am outside a restaurant and ended up at his apartment.

While there were a few minor ?internal contradictions?, the complainant was honest, straightforward and not evasive during questioning, said Hennessy.

?The story she related was not only possible, but plausible,? she said.

The complainant was found around 5 am by her mother at the downtown bus terminal. She was hysterical and went to the hospital, which is a logical progression of events, said Hennessy.

The fact two neighbours didn?t hear any noises after the woman testified she yelled out loud for help on many occasions also doesn?t mean the sexual assault didn?t take place, said Hennessy.

Kocurek?s testimony, on the other hand, was contrived and fabricated, she said.

The Crown is expected to ask for a lengthy penitentiary term against Kocurek, who has a long criminal
record.