Military member denies sexual assault allegation at Yellowknife trial

A Yellowknife-based member of the military facing a sexual assault charge testified in his own defence during the second and final day of his trial on Thursday.

Taking the stand in Territorial Court, Adam Besharah denied sexually assaulting a woman while she was unconscious at his military housing unit following a social night out in February 2025.

As the woman had testified, Besharah said he had a trusting and friendly relationship with the woman and her spouse and they would socialize together.

Besharah and the woman also both told the court that on the evening of February 8, 2025, while the woman’s spouse was out of town for work, they had drinks at Besharah’s home before going out to dinner and then karaoke.

However, while the woman testified their conversations that night centred on Besharah being upset at discovering his girlfriend was married and had been lying to him, Besharah said that was not true.

He said while they live in different parts of the country for work, he and his spouse have a strong relationship and he has known for several years that she was previously married.

“We have a beautiful life together,” he said.

Besharah said the main topic of conversation between him and the woman on the evening of February 8, 2025 was dealing with periods of separation from your partner. He said the woman was interested in his experience and perspective having worked in the military for more than 20 years.

While at karaoke, the woman said Besharah told her: “I will never find somebody like you.” She was flattered and prompted him to talk more about it, she said, but made clear that nothing would happen between them.

Besharah said the woman had misinterpreted his admiration for affection. He said he told her that he “had never met someone like her” and was impressed that she was able to leave everything she knew to pursue a relationship and persevere.

Differing version of events

After they returned to his home for a final drink that night, Besharah testified there was a moment where he and the woman both leaned toward each other and were about a foot apart before “better heads prevailed” and they pulled away.

The woman denied that she and Besharah had leaned in for a kiss but stopped themselves.

Besharah and the woman both described her saying she felt like she was going to throw up, putting her head in her hands and then passing out on his couch.

The woman testified she woke up with Besharah on top of her, kissing her lips and pressing her hand against his penis over his clothes.

She said when she began to move, Besharah jumped off her and told her he was taking care of her, and that he was going to make a bed for her to stay the night before she left.

She said she felt disgusted, angry and scared.

According to Besharah, about 15 minutes after the woman passed out, he put his hand on her shoulder, shook her to wake her up and told her she should go home. He said after she was unsuccessful in standing on her own, he helped the woman up by her wrists and then helped her put on her coat before she left. He denied sexually assaulting the woman.

“I was just trying to get her out of my house,” Besharah said, adding he told the woman that if she absolutely needed to, she could sleep in his guest room.

“I, at no point in time, crossed the line.”

Besharah said he was “in shock and in dismay” when the woman accused him of sexual assault in a text message two days later. He said the allegation had “upended” his life.

Closing arguments

During closing submissions, defence lawyer Jay Bran said the court should accept his client’s evidence that he did not sexually assault the woman.

Bran said Besharah’s testimony was concise and clear and he would have been in a better position to make observations about what happened that evening as the woman had passed out, while his client was less affected by drinking alcohol.

Bran said Besharah has been consistent in denying the allegation against him since he learned about it via text message.

He argued the woman’s testimony was at times not clear nor reliable.

Crown prosecutor Simon Hodge, however, said the court should accept the woman’s evidence and find beyond a reasonable doubt that Besharah had committed sexual assault.

He said the woman was forthcoming, credible and reliable and did not waiver in her evidence under “vigorous” cross-examination.

Hodge said the court should particularly reject Besharah’s evidence as to what occurred after they returned to his home that evening.

He pointed to a text message Besharah sent to the woman in which he said he did not recall most of what happened after that point in the night.

Hodge argued Besharah’s explanation during trial that he was referring to not remembering “subtle minutia,” while his recollection of what generally happened was fairly clear, did not make sense and was “contrary to what the text clearly states.”

Hodge characterized Besharah’s evidence as being not entirely truthful and said the accused had tailored his evidence to fit a particular narrative and paint himself in the best possible light.

Judge Robert Gorin told the lawyers he wanted time to consider the evidence.

“I have definitely not made up my mind,” he said.

Gorin is expected to make a decision in the case on March 27.