The accused was charged with sexually assaulting his younger sister between January 1, 2006 and December 31, 2006, when she was approximately 6 years old and he was approximately 15 years old.
The charges included sexual assault, touching for a sexual purpose contrary to s. 151 of the Criminal Code, and invitation to touch for a sexual purpose contrary to s. 152.
The trial turned on the credibility and reliability of the complainant's evidence.
The court found that while the complainant may have experienced trauma and repressed memories, her recollection was seriously impaired with significant inconsistencies between her trial testimony, her statement to Brampton police, and her earlier statement to Niagara police.
The accused testified that he never engaged in any sexual activity with his sister.
Applying the W.(D.) test, the court found that the accused had raised a reasonable doubt and acquitted him of all charges.
