The accused, a full-time facility attendant at a municipal arena, was charged with three counts of sexual exploitation, one count of invitation to sexual touching, and one count of unlawful confinement involving four teenage part-time employees.
The Crown alleged the accused abused his supervisory position by isolating the complainants and inviting them to expose their genitals, offering various pretexts such as sizing for condoms or providing sexual advice.
The trial judge found the accused guilty of invitation to sexual touching with respect to one complainant but acquitted him on the sexual exploitation counts, finding that the Crown failed to establish the essential element of a position of trust or authority in a workplace context where the accused had no managerial authority over the complainants.
The unlawful confinement charge was withdrawn by directed verdict.
