The accused was charged with sexually assaulting his wife during a period of marital breakdown.
The complainant alleged that the accused forced himself upon her, while the accused testified that the sexual encounter was consensual and initiated by the complainant.
Applying the W.(D.) framework for assessing credibility, the trial judge found inconsistencies in the complainant's testimony, particularly regarding her 9-1-1 call and initial statements to police.
The court concluded it could not resolve the conflicting evidence, leaving a reasonable doubt.
The accused was acquitted.
