The accused, a parish priest and high school chaplain, was charged with sexual assault and sexual touching involving a 16‑year‑old student.
The complainant alleged that during an overnight visit at a rectory the accused entered his room and sexually touched him and forced contact with the accused’s genitalia.
Applying the credibility framework from W(D), the court rejected the accused’s denial, accepted the complainant’s testimony, and relied on corroborative circumstantial evidence including parental evidence about the overnight visit.
The court held that the complainant was a young person dealing with a figure of authority and that delay in reporting and lack of verbal resistance could not ground an adverse inference.
The court found the accused abused a position of trust and authority and proved the offences beyond a reasonable doubt.
