The accused, Dwayne Scott, was tried for sexually assaulting the complainant, C.L., who experienced an alcohol-induced blackout and had no recollection of the events.
The sexual relations were not disputed, but the accused claimed they were consensual.
The court considered forensic toxicology evidence and video surveillance of C.L.'s state immediately prior to the alleged incident.
The judge found that the Crown failed to prove beyond a reasonable doubt that C.L. did not consent or was incapable of consenting, emphasizing that a blackout does not automatically equate to incapacity.
The accused's explanation for his post-incident conduct (lying and unsending messages) was found plausible and not indicative of consciousness of guilt.
The accused was acquitted.
