Accused lived with mother of 11-year old female complainant and her three children. Accused and mother were in sexual relationship. Mother did not want her children to know about nature of relationship with accused but she allowed him to limit children’s access to television and computer. Accused was charged with sexual assault and touching person under 16 for sexual purpose. Accused acquitted. Court did not believe accused’s denials that he committed offences and accused’s evidence did not raise reasonable doubts. However, complainant’s evidence contained reasonable doubts about guilt of accused. Court was not required to choose one version of events over other version. Quality of evidence did not satisfy court that what allegedly occurred did so occur beyond reasonable doubt.
R. v. E. (E.) (2017), 2017 CarswellOnt 4848, 2017 ONSC 1307, G. Dow J. (Ont. S.C.J.).