This criminal trial concerned charges of sexual interference and sexual assault against P.H., the biological father of the complainant, M.H. The allegations spanned from 2011 to 2014, when M.H. was between three and four years old.
M.H. testified at age 13, describing multiple incidents of sexual touching of her vagina by the accused, primarily in the bathroom during bath/shower times when her mother was absent.
The defence challenged the reliability of M.H.'s historical memory due to her young age at the time of the incidents and inconsistencies in her testimony.
The court, applying principles for assessing child witnesses, found M.H.'s evidence credible and reliable, despite minor inconsistencies and "blended memories," as her core account of sexual touching by her father remained consistent.
The accused's denial was rejected as evasive and unreliable.
P.H. was found guilty of sexual interference, and the sexual assault charge was stayed under the Kienapple principle.
