The accused was charged with sexual assault arising from alleged non‑consensual intercourse with a 17‑year‑old complainant whom he met online and who travelled to Toronto to meet him.
The Crown alleged the complainant awoke to the accused having intercourse with her without a condom and without consent.
The defence maintained the intercourse was consensual following earlier consensual sexual activity.
The court found the complainant to be an unreliable witness due to multiple admitted falsehoods and omissions in her police statement and inconsistencies regarding the events leading to the intercourse.
The accused’s videotaped statement raised a reasonable doubt regarding consent, and the Crown failed to prove the absence of consent beyond a reasonable doubt.
