The defendant, Ahmed Rabah, was charged with two counts of sexual assault against A.D. and V.L. The Crown sought to admit similar fact evidence between the counts, but the court dismissed the application due to concerns about collusion and tainting of A.D.'s testimony by V.L.'s detailed account.
The court found A.D.'s testimony not credible due to inconsistencies and contradictions with V.L.'s testimony and objective evidence, leading to the dismissal of the charge related to A.D. Conversely, V.L.'s testimony was found credible and reliable, despite minor inconsistencies, and the court concluded that the Crown proved beyond a reasonable doubt that sexual contact occurred without V.L.'s consent and that Mr. Rabah had the requisite mens rea.
Mr. Rabah was convicted of the sexual assault against V.L.