Following a judge-alone criminal trial involving multiple allegations of sexual abuse against three young children within a family setting, the court focused on the credibility and reliability of child witnesses, the impact of delayed disclosure, and the possibility of suggestion or collusion arising from subsequent caregiving discussions.
Applying the governing framework for assessing defence evidence and the recognized approach to child testimony, the court rejected the defence witness’s denial, found the two younger children’s evidence unreliable on several counts, but accepted the older child’s later and more detailed disclosures as credible and reliable on specific allegations.
The court acquitted on the invitation-to-touch counts and on the counts alleging penile sexual assault of the two younger children, but convicted on multiple counts involving the older child and on the “sucking and smacking” allegations.
A publication ban under s. 486.4 applied.
