Amy Hamm: Steven Galloway describes ‘stupid’ but consensual affair with accuser

Steven Galloway took the stand Tuesday at the B.C. Supreme Court in Vancouver on day two of his defamation trial to clear his name against a decade-old, unproven accusation of sexual assault.  

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“If you can’t trust me, who can you trust?” was, as per Steven Galloway’s testimony, the final text message he received from defendant A.B., before she later went on to accuse him of rape. The message was, he testified, her promise to keep it private that Galloway had officially ended his marriage. 

Galloway appeared in court dressed in a black suit that his second wife, Katie Wagner, had earlier testified was a sign of the relative improvement in his mental health, compared to the time when he wanted to die because of public perception that he was a rapist.  

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A soft-spoken Galloway appeared nervous as he took the stand, his hand trembling as he raised it to give his solemn affirmation for the court. His testimony began with an outline of his prestigious former career in Canadian literature. Galloway had been a professor and chair of University of British Columbia’s (UBC) creative writing program and was an international best-selling novelist. He was suspended and then fired after his former student, known as A.B. in court, and with whom he had a two-year consensual affair, accused him of rape in 2015. His wife testified Monday that he has been unable to write since. 

Galloway told the court that his affair with A.B., who was older than him and also married, was “inappropriate, ill-advised, and a stupid relationship to have.”  

“I know I shouldn’t have done it,” said Galloway.  

Nevertheless, he testified that the relationship was entirely consensual. “I think the phrase people use is ‘enthusiastic, ongoing consent,’ without being crass… She never gave me any reason to believe she was not enjoying herself. She routinely sought me out for contact. There were times in our relationship when I was busy or otherwise occupied and she would be unhappy with that,” he told the court.  

Galloway also described that he believed the affair had ended amicably. The two remained in contact and spent time together socially, as per his testimony. A.B., said Galloway, was inviting him to social events while “simultaneously going to the (UBC) equity office to make a complaint about me.”  

He spoke to the email that A.B. sent to Keith Maillard, her former thesis advisor at UBC, and copied to him, in which A.B. complained of “an absolute failure of administration” regarding sexual violence. Maillard was a former defendant in Galloway’s defamation suit but agreed to a confidential settlement with Galloway before the start of trial.  

Galloway testified that he initially did not know that A.B.’s email was referring to him as the perpetrator. He described a previous incident, in 2013, in which A.B. accused a creative writing program job applicant of pulling her into an elevator and groping and then choking her. Galloway said that A.B. did not want to “officially” report the incident to the university, but did want to ensure that this person did not get the job. Galloway testified that he and two others “shamefully” lowered the applicant’s job interview scores, forcing the person to drop out.  

Galloway said that he later called A.B., who was “immediately hostile,” leading him to realize that the complaint was about him. He testified that he had noticed A.B. making social media posts about “power dynamics and inappropriate relationships” in university settings. He said that he left a voicemail for A.B. pleading with her to allow him to tell Maillard about their former affair, as Maillard was like a father figure to him and he believed “he was about to be extraordinarily disappointed in me.” Galloway said A.B. never responded.

In November 2015, Galloway testified, he was travelling in Ohio to give a public talk when he received an email from UBC asking him to contact them. Galloway said he spoke to the UBC dean of arts and was advised that an allegation of sexual assault had been made against him, and that they would like him to voluntarily not come to campus.  

The first day of Galloway’s testimony ended with his description of what followed during his Ohio trip: he called his colleague, Annabel Lyon (another former defendant with whom Galloway confidentially settled before trial) who repeatedly asked if he was suicidal. He denied that he was, but Lyon, he told the court, reported to Ohio police that he was a risk to himself and others anyways. Galloway testified that police showed up to his hotel and placed him on a 72-hour psychiatric hold.  

Galloway then described the psychiatric facility he was taken to as “the most terrifying place I’ve ever been in my life.” At this point, during his testimony, Galloway was visibly shaking, splashing water out of his plastic cup as he attempted to take a sip and compose himself. Galloway’s lawyer and Justice Neena Sharma both agreed this was a good time to end testimony for the day.  

Galloway then left the stand and approached his wife in the gallery, muttering “That sucked.”  

He is expected to give three more days of testimony, including cross examination.  

Approximately 20 members of the public sat scattered throughout the gallery on day two. It was unclear if they were Galloway supporters.  

Justice Sharma began the day by issuing orders regarding the ongoing publication ban for Galloway’s accuser, A.B. Sharma agreed that “serious harm” to A.B. could occur if her identity is made public. The publication ban will remain in place until 45 days after Justice Sharma issues her final order, though A.B. may apply to the courts to extend it. Currently, the ban prohibits publication of A.B.’s name, contact information, workplace, social media accounts, or links to any articles that identify her.  

Justice Sharma noted that while A.B. has entirely withdrawn her defence in the defamation trial, she has also argued that this is legally distinct from an admission that her sexual assault accusation was false — and that the court cannot yet make any assumptions about “the truth or falsity” of A.B.’s claims.  

These claims were previously declared to have been unsubstantiated and to not have taken place, based on a balance of probabilities, by retired judge Mary Ellen Boyd, who was hired by UBC to independently investigate the allegations in 2015.  

Before Galloway testified, his wife Katie Wagner completed her testimony from, which started on Monday. Her emotional tenor was dialed back, compared to the day before. While Wagner didn’t sob, her voice quivered several times as she spoke of her husband’s suicidality, hospitalization, and personality changes after being publicly accused of rape. One Christmas, she testified, Galloway, who wanted to try to be there for his family and children, spent time “lying on the floor with a blanket around him.” She explained that her husband “was in the room but he wasn’t capable of being present with us.” 

Wagner also described how, prior to the accusations, he was an extroverted man who often entertained guests, including with piano and singing. He was, she said, “very funny” and warm. She described how dedicated he was to family and friends, and said he put much effort into combining their families and children when they married. “He brought people together,” she said, but “absolutely lost the ability to be present” after the allegations against him were made public.  

Wagner was then cross examined by a disordered-appearing defence team, which included one lawyer appearing from Toronto via videoconference. Justice Sharma interrupted the cross examination several times, including when a stand-in lawyer for one of the defendants attempted to address Wagner. At this point, Sharma said: “We’re not going to have a revolving cast of lawyers.” Another time, Sharma interrupted the cross examination to point out that defence counsel had mischaracterized Wagner’s testimony.  

The trial continues Wednesday.

National Post

Disclosure: I had a prior friendship with Chelsea Rooney, a former defendant in this case, who settled ahead of the trial.

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