Retired Whitehorse teacher appeals conviction for sexually abusing former student in the 1980s

A former Whitehorse teacher has appealed his conviction in a historic sexual assault case of a former student that ended this week with a prison sentence.

Paul Deuling, 73, was sentenced to three years in prison in Yukon Territorial Court on Tuesday for sexually abusing a former student in the 1980s.

The court found that Deuling had sexual intercourse without the teenager’s consent during the camping trip.

She was 17 years old at the time and her identity is protected by a publication ban. The plaintiff, now around 50, was the prosecution’s main witness in the case.

On the day the verdict was announced, Deuling’s lawyer filed an appeal on his behalf.

Deuling argues in the memo that trial judge Brian Neal “committed a legal error by ‘insulating’ his assessment of the plaintiff’s credibility.”

Deuling was found guilty of sexual assault in a single judge trial last autumn. He was acquitted of three other charges of sexual assault and one charge of indecent contact with a woman.

In his appeal, Deuling says Neal acquitted him on four counts because he did not believe the plaintiff was reliable or credible in her retelling of those alleged assaults. Deuling argues that the judge should have reached a similar conclusion regarding the credibility of the plaintiff’s testimony regarding the sexual assault for which she was convicted.

In his ruling last fall, Neal acknowledged that there were gaps and inconsistencies in the plaintiff’s recollection of certain details of various events. He said he dismissed four of the charges because he was not convinced beyond a reasonable doubt that Deuling committed additional assaults.

But Neal said the fifth count is different. In his sentencing decision, Neal said the woman’s testimony about her assault on the camping trip was “very detailed and specific.” Neal also said she appeared “unflappable” during cross-examination on that count.

Neal said the lasting impact of this crime was “devastating” because the victim was a child and Deuling was 20 years older. Neal also noted that there was a power imbalance and Deuling’s actions represented a breach of trust.

However, in his appeal, Deuling continued to criticize Neal’s decision-making.

It states that Neal “misunderstood some of the ‘facts’ agreed upon by counsel for the Crown and counsel for the appellant” and that Neal should not have believed the appellant’s testimony in which she recounted a history of abuse by her stepmother.

Deuling is seeking an acquittal or a retrial of his conviction.

There is also a legal case pending against Deuling. It was brought by the same victim, but it has not yet gone to court.