The accused, Miller Hiscock, was charged with sexual assault contrary to section 271 of the Criminal Code.
The central issue was whether the complainant consented to sexual intercourse without a condom or to ejaculation inside her.
The court found that the complainant consented to the sexual acts and that there was no prior discussion or condition regarding condom use or the location of ejaculation.
The court found the accused's testimony credible and noted significant inconsistencies in the complainant's evidence.
The court concluded that the sexual acts were consensual and the accidental ejaculation inside the complainant did not retroactively remove consent, leading to an acquittal.
