The court convicted the accused of four counts of sexual assault arising from incidents involving a vulnerable 17-year-old complainant who was temporarily living with the accused's family.
Applying the W.(D.) framework and the sexual assault consent principles in Ewanchuk, the court rejected the accused's denials, found the supporting defence witness unreliable, and accepted the complainant's evidence as credible and reliable.
The court held that Facebook messages sent in 2020 were confirmatory evidence tantamount to an admission of prior sexual activity and supported the complainant's account.
Delayed disclosure did not undermine credibility, and corroboration was not legally required.
