Andrew Charles Shepherd Knott

Alex Clarke was convicted of one count of sexual assault involving attempted penial penetration.

This decision outlines the sentencing, where the Crown sought 3.5-4 years imprisonment and the defence sought a sentence at the lower end of the 3-5 year range established for penetrative sexual assaults.

The court considered the aggravating factors, including an element of planning and the significant impact on the victim, and the mitigating factor of no prior criminal record.

The court imposed a sentence of 3 years in the penitentiary, along with ancillary orders for a firearms prohibition and sex offender registry registration, emphasizing denunciation and deterrence.

The defendant, Alex Clarke, was charged with one count of sexual assault.

The central factual issue was whether the complainant, S.A., consented to the sexual activity that occurred on June 30, 2020.

The court found S.A.'s testimony credible and reliable, concluding that she never consented to any form of sexual activity with the defendant.

The court rejected the defendant's claim of honest but mistaken belief in consent, finding his interpretation of S.A.'s passive responses and her "go slow" comment as consent to be unreasonable and self-serving.

The court emphasized that consent must be affirmatively communicated for each sexual act and that "only yes means yes." The defendant was convicted of sexual assault.