Ontario Criminal


Criminal Law

Offences

Sexual interference

Accused acquitted of sexual assault as complainant not reliable witness

TS was mother of complainant SL. TS met accused in church and they became romantically involved. Shortly after their relationship commenced complainant claimed that accused touched her vagina in church basement on several occasions. Complainant was between four and six years old when alleged offences occurred. Police were contacted after relationship between TS and accused ended. Accused was charged with sexual interference. Complainant was under 16 years old at time of offence. Accused acquitted. TS was not credible witness. Court had no difficulty with complainant’s credibility but it had problems with her reliability. Court was not satisfied beyond reasonable doubt that accused ever touched complainant with sexual purpose in mind. Court was also not satisfied beyond reasonable doubt that complainant was ever sexually touched by anyone.

R. v. W. (B.) (2017), 2017 CarswellOnt 4048, 2017 ONSC 1774, M. Fairburn J. (Ont. S.C.J.).

 


cover image

DIGITAL EDITION

Subscribers get early and easy access to Law Times.

Law Times Poll


It's unknown how widely police in Ontario utilize controversial surveillance techniques that can capture private data from non-targets in criminal investigations. Do you think there should be formal requirements to release this information?
RESULTS ❯