Boy making up sex claims: Defence

Fri, October 15, 2004

The attorney for an Ottawa mother accused of having a sexual relationship with her daughter's 13-year-old boyfriend says there are too many inconsistencies in the complainant's testimony for it to be taken seriously. Lori Scafidi's lawyer Lorne Goldstein told the court in his closing statement that the inconsistencies outweighed any valid evidence the complainant offered.

"A lie, is a lie, is a lie," he said. "He's making it up as he goes along. All they can say is that it happened."


Crown prosecutor Stephen Donoghue argued Scafidi, 42, clearly pursued a sexual relationship with the now-15-year-old boy in spring 2003.

The Crown told the court Scafidi had been observed by friends of the boy inappropriately touching the teen in a laundry room and while lying together on a sofa.

But the Crown said what was most disturbing was the "bizarre" 10-page letter allegedly written by Scafidi and sent to the teenager.

Donoghue read several passages from the letter hoping to convince the court during his argument that Scafidi had been involved in a relationship that went beyond the boundary of a typical adult and teen friendship.

However, the judge questioned the letter as any recognition that a sexual relationship existed.

"I ask, isn't it equally bizarre that it doesn't mention a single instance of a sexual relationship?" asked Justice Robert Maranger.

But the Crown argued that in the letter Scafidi mentioned the teen could tell and show his friends what was in the letter, intentionally leaving out reference to any sexual contact because she knew what she was doing was wrong and illegal.

Goldstein called the letter nothing more than the writings of a mom with a strong maternal instinct reaching out to a troubled teen.

"I cannot go through every inconsistency because we will be here all day," Goldstein said.


The prosecution agreed with the defence that the boy's testimony was inconsistent but defended it as coming from a young man who didn't really care about the outcome of the proceedings and suggested to the court that his age should be taken into account.

However, Donoghue argued that the testimony provided by the teen during the three-day trial was consistent with the central issue that he had had a sexual relationship with Scafidi.

Maranger will rule on the case Nov. 12.