'Distinctive penis' forces ex-welfare director to admit sex: Crown attorney

Disraeli Bridge, Winnipeg. (QMI Agency file photo)

Disraeli Bridge, Winnipeg. (QMI Agency file photo)

Dean Pritchard, QMI Agency

, Last Updated: 2:24 PM ET

WINNIPEG ─ A former Ontario child welfare director admits he had sex with a 19-year-old woman under his supervision but claims it was only after he was suspended from his job amidst allegations he had sexually molested and harassed two other teens.

James Cardy was in no position of authority over the woman and the sex occurred "in the context of a prostitute and john relationship," defence lawyer Ryan Amy argued in a closing submission before Justice Albert Clearwater.

Cardy, 62, has pleaded not guilty to seven charges of sex assault, touching for a sexual purpose, invitation to sexual touching, and attempted obstruction of justice.

The offences involved three alleged victims and are alleged to have occurred Jan. 1, 2010, and Nov. 30, 2010, when Cardy was director of family services for Manitou Rapids First Nation in northwestern Ontario near the U.S. border.

In a 2011 police interview, Cardy denied any improprieties with the then 14- and 16-year-old alleged victims, but said he might have "hypothetically" had consensual sex with the 19-year-old woman on one occasion.

In trial testimony last year, the now 22-year-old alleged victim testified Cardy extorted sex from her three times.

Prior to the alleged offences, the then 19-year-old woman received $840 a month for rent and food as part of an extended maintenance program (ECM). She said she was later kicked out of the program because she wasn't going to school.

"He kept on asking me what I would do to get my ECM back," she said. "I tried to play stupid but then he unzipped his pants. He asked me to give him (oral sex). I just did it ... He gave me $200 and said next day I would get my ECM."

The woman said she had a young son in CFS care and Cardy told her in late 2010 he could help her regain custody of him if she “kept him happy.”

Crown attorney Debbie Buors said Cardy had no choice but to admit having sex at least once with the woman after she provided police with a detailed description of his penis.

"Unfortunately for Mr. Cardy, he does have a distinctive penis with a distinctive mark on it that (the alleged victim) was able to describe accurately," Buors said Thursday.


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