The defendant was charged with sexual assault following an encounter with the complainant on February 12, 2017.
The complainant alleged that she initially consented to protected sexual intercourse, but withdrew her consent when the condom slipped off.
She maintained that the defendant continued with unprotected intercourse without her consent.
The defendant claimed that the complainant consented to resuming unprotected intercourse after he reminded her that he had no protection.
The case turned entirely on credibility and the question of whether the Crown proved beyond reasonable doubt that the defendant acted without the complainant's consent.
The court found that while the complainant's account was coherent, the defendant's account, when combined with concerns about the complainant's narrative, left reasonable doubt as to whether the defendant knowingly proceeded without consent.