The accused was tried on historical allegations of sexual interference, invitation to sexual touching, and sexual assault involving his former partner’s child.
Applying the W. (D.) framework, the court held that although peripheral memory gaps by a child witness do not necessarily undermine credibility, significant reliability concerns arose from the complainant’s need to repeatedly refresh memory and from a material detail about a locked door surfacing only in cross-examination.
The court found that prior disclosures to family members could not bolster credibility as prior consistent statements.
Even if the accused’s testimony were not believed, the complainant’s evidence left a reasonable doubt.
Acquittals were entered on all counts.
