The accused were tried on charges of sexually assaulting a 16-year-old complainant during a camping trip.
The central issue was consent, with the defence asserting consensual group sexual activity and the Crown alleging the complainant was too intoxicated to consent after being provided substantial alcohol.
The court accepted the complainant's evidence as consistent and corroborated, rejected the male accused's evidence as riddled with inconsistencies, and found the complainant did not consent.
Applying s. 273.1(2)(b) of the Criminal Code, the court held the complainant was incapable of consenting due to intoxication and convicted both accused of sexual assault.
