Criminal trial involving multiple counts of assault, sexual assault, sexual assault with a weapon, and break, enter and commit sexual assault arising from intimate partner relationships with two complainants.
The court found both complainants credible and reliable, held that actual subjective consent was absent when sexual activity continued after express protests, and rejected any implied or mistaken belief in consent under ss. 273.1 and 273.2 of the Criminal Code.
The court also rejected the defence theory of collusion, finding the similarities in the complainants’ evidence were not the product of tainting and could be considered consistently with appellate authority.
Convictions were entered on seven counts, with one count dismissed during trial and one resulting in an acquittal.
