Cristian Combei

The Ontario Court of Justice found Wilfredo Martinez-Calderon guilty of criminal harassment under s. 264(2) and (3) of the Criminal Code for conduct towards a 13-year-old complainant.

The defendant approached the complainant at a bus stop, offered her a ride, and after refusal, watched her until she boarded a bus, then followed the bus in his car.

The court accepted the complainant’s credible testimony and video evidence, rejecting the defendant’s explanation and credibility.

The decision clarifies the application of mens rea and actus reus in criminal harassment, emphasizing an objective standard for threatening conduct and recklessness or willful blindness regarding the victim’s fear.

This decision from the Ontario Court of Justice addresses the issue of non-consensual sexual intercourse allegations between Kish Idoko and G.B. The court carefully analyzes the credibility and reliability of both the complainant and the accused, focusing on the disputed issue of penile penetration.

The judge rejects the accused’s claim that his admission of penetration was a joke and finds the complainant’s evidence credible despite some inconsistencies, emphasizing the importance of the complainant’s subjective experience and post-event demeanour.

The court ultimately finds the accused guilty beyond a reasonable doubt of sexual assault.