The accused was charged with sexual assault after inserting his fingers into the complainant’s vagina while she was resting on a loveseat watching television.
The complainant testified she fell asleep while the accused massaged her feet and awoke to find his fingers inside her vagina, immediately telling him to stop and leave.
The accused admitted in a police statement that his fingers entered the complainant’s vagina while massaging her lower body but suggested it occurred accidentally during a massage.
Applying the sexual assault framework from Ewanchuk and the credibility approach in W.(D.), the court found the complainant had been asleep and therefore incapable of consenting.
The accused’s text apology, arrest statement, and video‑taped police interview were treated as admissions confirming non‑consensual sexual touching.
The Crown proved the offence beyond a reasonable doubt.
