The accused was charged with sexual assault following an encounter at a house party where both parties consumed significant amounts of alcohol.
The complainant had almost no memory of the events and awoke the next day suspecting she had been sexually assaulted.
The accused testified that the sexual encounter was consensual.
The court applied the W. (D.) framework to assess credibility and considered whether the complainant had the capacity to consent and whether she subjectively consented.
The court found that the Crown failed to prove beyond a reasonable doubt that the complainant lacked the capacity to consent or that she did not consent, as there were reasonable inferences available other than guilt.
The accused was found not guilty.
