The two accused were charged with sexual assault, sexual interference, and invitation to sexual touching in relation to a 15-year-old complainant.
The complainant had run away from a group home and arranged to meet the accused, presenting herself as 17 years old.
The court found that the Crown failed to prove beyond a reasonable doubt that the complainant did not consent to the sexual activities, or that she lacked the capacity to consent due to intoxication.
Furthermore, the court held that the Crown failed to prove that the accused did not honestly believe the complainant was at least 16 years old, or that they failed to take all reasonable steps to ascertain her age under s. 150.1(4) of the Criminal Code.
Both accused were acquitted on all counts.
