The accused was tried on one count of sexual assault arising from a late-night sexual encounter between two college students.
The central issue was consent to vaginal intercourse and subsequent sexual activity, with the case turning on credibility and reliability.
Applying the W(D.) framework, the court found material inconsistencies in the complainant’s evidence, accepted the accused’s account that consent was communicated by words and gestures, and found the alleged anal penetration was not proven.
The Crown failed to prove absence of consent or the requisite mens rea beyond a reasonable doubt, and an acquittal was entered.
