Date registered: Aug 2002
Vehicle: 2021 SL770
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Penis size used as defence in trial
Accused claims he's too large to have committed sexual assault
NEWMARKET -- A Superior Court judge must decide whether to believe a 21-year-old accused who says he could not have committed a sexual assault because his penis is too big.
Mischa Beutling, a second-year engineering student at McMaster University in Hamilton, has pleaded not guilty to sexual assault on a friend who spent the night with him after partying at a Barrie bar during study week in February 2004.
Earlier in the trial, which has been in and out of court for months, a urologist testified that Beutling's penis is in the top 5% range for size in comparison to the doctor's other patients.
The urologist showed the court a plastic model of a penis approximating the accused's member at a semi-relaxed state, which measured 8 1/2 inches in length and 6 1/2 inches in girth.
He said a woman who has not given birth might have discomfort or tearing if she had intercourse with a penis that size, especially if she was not sexually aroused.
But Crown attorney Bhavna Bhangu scoffed at the account, noting that Beutling's reference to his size as a "two-by-four" is an exaggeration compared to the size of the plastic model.
"It's hardly a two-by-four," she said. She also noted that he has never actually measured himself.
Bhangu also said the "size theory" was never put to the complainant on the witness stand for her account.
Bhangu said the woman was traumatized when Beutling, who is 6-foot-7 and 240 pounds and who she believed was her close friend, forced himself on her.
Justice Margaret Eberhard must weigh the evidence, including the plastic model. A verdict is expected next month.
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