C. Maciel

The offender was convicted of four counts of sexual assault, one count of assault, and one count of forcible confinement against an intimate partner.

The offences occurred over a one-week period and involved forced sexual intercourse, physical violence, and manipulation.

The offender had a significant prior criminal record for similar offences against intimate partners and was on probation at the time.

Mitigating factors included an intellectual deficiency and restrictive bail conditions.

The court imposed a total sentence of 7 years, reduced by 221 days for pre-sentence custody and strict bail conditions, resulting in a net sentence of 6 years and 144 days.

Following a judge-alone criminal trial involving a complainant with whom the accused had been in a brief intimate relationship, the court convicted on six counts arising from incidents over approximately one week, including sexual assault, assault, and forcible confinement.

The decision turned entirely on the complainant’s credibility and reliability, as she was the only witness.

Applying the governing principles on subjective consent, mens rea for sexual assault, and the caution against myths and stereotypes in sexual assault adjudication, the court accepted the complainant’s explanations for delayed reporting, continued contact, and apparently friendly messages after the incidents.

Despite some inconsistencies on peripheral details, the court found the material allegations proved beyond a reasonable doubt and entered convictions on all counts.