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TORONTO — The ex-husband of a woman who has accused Peter Nygard of sexual assault testified Wednesday that he and the complainant agreed she was "absolutely" taken advantage of, but they struggled to determine whether what happened could be considered rape at the time.

Societal attitudes were different more than three decades ago, he testified, and they both wondered if her allegations against a powerful fashion mogul could lead to a conviction.  

"She asked me point blank, 'Do you think I was raped?' And we talked about that a long time. It's 30 years ago, so society's attitudes have changed," he said of the conversation that took place during a date in the early 1990s. 

"We both knew it was wrong, we both knew she had been absolutely taken advantage of, if not raped, but we both had a hard time wrestling with the fact of if she was or not."

The identities of the complainant and the man are protected by a publication ban. 

Nygard, the founder of a now-defunct international women's clothing company, is accused of using his position in the fashion industry to lure women and girls. 

The 82-year-old has pleaded not guilty to five counts of sexual assault and one count of forcible confinement in alleged incidents ranging from the 1980s to mid-2000s. 

Earlier this week, the fifth and final complainant in the trial alleged Nygard flew her to Toronto in 1989 under the guise of helping with her aspirations as a fashion designer, but what she thought would be a business meeting turned into an attack at his Toronto headquarters. 

Multiple complainants in the trial have alleged they were taken to Nygard's Toronto headquarters under pretences ranging from tours to job interviews, with all encounters ending in a top-floor bedroom suite where they allege they were sexually assaulted.

The fifth complainant has said it took her decades to go to police because she feared Nygard would ruin her reputation and chances at a career in the industry.

She and her ex-husband both testified that she told him about her alleged sexual assault during a date in Edmonton. 

The ex-husband recounted Wednesday the first time she told him what happened, corroborating most of what the woman has told jurors about her experience. The man said he did not know Nygard's name at the time, only that the person was a powerful fashion designer.

He said he told the woman at the time that she would be drawn into a difficult legal battle if she went to police. 

"You know what's going to happen to you if you pursue this, he's going to hire the best lawyer in Canada and they are going to rip you to pieces," he recalled telling her on the date.

It wasn't until decades later in 2020, years after the pair divorced, that he overheard a news segment about Nygard's arrest. Noticing similarities to the story the woman had told him, he texted his ex-wife to ask if Nygard had been the powerful designer she had spoken of. 

The man testified that he called the woman to apologize for not being more supportive initially. After she decided to come forward to police in 2021, he said he told her she was doing the right thing.

During cross-examination, Nygard's lawyer Brian Greenspan highlighted discrepancies in the man's 2021 statement to police about what the complainant told him and what the woman told court this week. 

As the man recounted that initial conversation to police, he told them the complainant had said Nygard kissed her in an elevator, though she testified they had walked up the stairs to his bedroom suite. He also said she was wearing a dress that evening, while she testified she was wearing "Mickey-Mouse suspenders" over a salmon pink T-shirt.

He also confirmed under cross-examination that he was told the designer "didn't really hold her down." The woman has testified Nygard pinned her down and raped her.

Crown lawyer Neville Golwalla was quick to point out a part of the ex-husband's police transcript that clarifies the woman did not get into every detail of what happened that night, just larger details that stuck out in her mind. 

Earlier Wednesday, court heard from the complainant's mother, who emotionally recollected being told by her daughter about the alleged rape.

The mother said she worried about going to police because she feared trying to pursue action against Nygard would ruin her daughter's life. 

"From the very start I said no, we can't go to the police," the complainant's mother said. "In those days, 1989, the little woman never stood a chance ... he'll chew us up and spit us out." 

She told her daughter she would take care of her instead. 

"I've never regretted what we did, I really haven't," she said. "Because she was 21 and had her whole future ahead of her." 

Greenspan did not cross-examine the complainant's mother.

This report by The Canadian Press was first published Oct. 18, 2023. 

Tyler Griffin, The Canadian Press