Following a judge-alone criminal trial, the court convicted the accused of kidnapping, threatening conduct, sexual assault, breaching a no-contact order, uttering threats, attempting to obstruct justice, and intimidating a justice system participant, arising from intimate-partner violence, forced confinement, coerced drug ingestion, sexual activity obtained through fear, and subsequent jail calls to the complainant.
Applying the W.(D.) framework, the court found the complainant credible and reliable despite memory gaps on peripheral details, and rejected the accused’s denials on the material issues.
On the sexual assault count, the court applied the consent principles in Ewanchuk and held that any ostensible consent was vitiated by choking, threats, fear, and duress.
The accused was acquitted only on the count alleging administration of Ketamine with intent to endanger life or cause bodily harm because the Crown conceded the requisite mens rea was not proven.
