The accused was charged with sexual assault contrary to section 271 of the Criminal Code for conduct occurring on November 27, 2015, in Toronto.
The complainant attended what she believed to be a film audition and participated in two filmed scenes involving sexual activity.
The Crown alleged the accused committed sexual assault by touching the complainant without consent during Scene 1 and by penetrating her vagina without consent during Scene 2.
The trial judge found that the Crown failed to prove lack of consent beyond a reasonable doubt.
The judge concluded the complainant consented to the filmed audition, that any penetrations in Scene 2 were accidental, and that the accused held a reasonable but mistaken belief in consent.
The charge was dismissed.
