This criminal trial concerned a single count of sexual assault against the defendant, a tutor, involving a 14-year-old complainant.
The alleged incident occurred in the complainant's basement during a tutoring session.
The court applied the principles from R. v. W.D. to assess the evidence, including the defendant's exculpatory statements to police.
The judge found that while physical contact likely occurred, the Crown failed to prove beyond a reasonable doubt that the touching was intentional and of a sexual nature.
The court rejected the Crown's reliance on prior interactions and propensity reasoning based on the complainant's clothing.
The defendant was acquitted.
