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Sexual assault charge dismissed as the complainant consented to the filmed sexual activity.
The accused was charged with sexual assault contrary to section 271 of the Criminal Code for conduct occurring on November 27, 2015, in Toronto.
The complainant attended what she believed to be a film audition and participated in two filmed scenes involving sexual activity.
The Crown alleged the accused committed sexual assault by touching the complainant without consent during Scene 1 and by penetrating her vagina without consent during Scene 2.
The trial judge found that the Crown failed to prove lack of consent beyond a reasonable doubt.
The judge concluded the complainant consented to the filmed audition, that any penetrations in Scene 2 were accidental, and that the accused held a reasonable but mistaken belief in consent.
The charge was dismissed.
Acquittal entered where unreliable memory and texts created reasonable doubt about consent.
The accused was charged with sexual assault and administering a stupefying drug following a night of drinking with a co-worker who later reported memory loss and suspected she had been drugged before sexual intercourse occurred.
The complainant testified she had almost no recollection of events after drinking at a restaurant and believed she would not have consented absent intoxication or drugging.
The defence relied on detailed testimony, corroborative restaurant records, and text messages sent by the complainant the next morning expressing that she had a good time and attributing her condition to alcohol.
Expert toxicology evidence could not confirm or exclude the presence of a drug and indicated the symptoms could also be consistent with alcohol-induced memory impairment.
The court found significant concerns with the reliability and accuracy of the complainant’s recollection and concluded the Crown had not proven lack of consent or drugging beyond a reasonable doubt.
