Accused acquitted of sexual assault as complainant not reliable witness

Ontario criminal | Criminal Law | Offences | Sexual interference

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.).

 


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