Damon Jeremy Hardy

The accused was charged with three counts of sexual assault, with one count withdrawn before trial, leaving two counts to be tried.

The case involved allegations of non-consensual slapping and choking during otherwise consensual sexual encounters between the complainant and the accused, who were long-time best friends.

The accused denied all allegations.

The court assessed the credibility and reliability of both witnesses, applying the principles from R. v. W. (D.).

The complainant's evidence was found to be credible and reliable, while the accused's evidence was deemed neither credible nor reliable, particularly his explanation for not responding to a text message accusing him of assault.

The court found the accused guilty on both remaining counts of sexual assault.

The accused was charged with two counts of sexual assault, one count of threatening, and one count of assault with a weapon.

The complainant and accused were in a relationship characterized by extensive electronic communications involving discussions of violent sexual fantasies and rape role-play.

The accused was acquitted on all counts.

The court found that while the complainant's evidence contained significant contradictions and inconsistencies, the Crown failed to prove beyond a reasonable doubt that the complainant did not consent to the sexual activity.

The court also found that the accused's evidence was consistent and corroborated by the electronic messaging between the parties.

The court noted the unusual factual circumstances, including the complainant's own confusion about her feelings at the time and her subsequent Instagram post stating "it was consensual but consequential."