Catherine H. Rhinelander

The defendant, Duncan Morrison, was charged with sexual assault under s. 271 of the Criminal Code, stemming from an allegation that he removed a condom during consensual sexual intercourse without the complainant's knowledge or consent.

The central issue was whether the complainant consented to sexual activity without a condom.

The court assessed the credibility and reliability of both the complainant and the defendant.

While the complainant testified she insisted on condom use and saw the defendant put one on, her recollection of other significant details of the evening was found to be unreliable.

The defendant denied using a condom at all, stating he did not bring one.

Despite some issues with the defendant's explanations for his post-incident apologies, the Crown failed to prove beyond a reasonable doubt that the complainant did not consent to the sexual activity as it occurred.