Following a family gathering, the accused was charged with sexual assault and sexual exploitation arising from sexual touching involving a 16-year-old relative.
The trial judge accepted that the accused touched the complainant's leg and breasts, but was not satisfied beyond a reasonable doubt that the Crown had proven lack of subjective consent to that touching or that the more serious alleged penile contact occurred.
Applying the position-of-trust analysis under s. 153, the court held that the longstanding familial dynamic, the complainant's perception of the accused as an older-brother figure, and the trust reposed in him by the family established the requisite prohibited relationship.
The accused was acquitted of sexual assault and convicted of sexual exploitation.
