Devin Langlois was charged with sexual assault and sexual interference involving a 15-year-old complainant (C.S.).
The court found C.S.'s testimony regarding consent unreliable due to inconsistencies, leading to reasonable doubt on the issue of actual consent.
However, the court proceeded to analyze the defence of mistake of age under s. 150.1(4) of the Criminal Code.
Despite the accused's claim of believing C.S. was 18, the court identified numerous "red flags" (e.g., lack of age/schooling information, C.S.'s immaturity, no driver's license) that should have prompted further inquiry.
The court concluded that the accused failed to take all reasonable steps to ascertain C.S.'s age and was therefore reckless or wilfully blind regarding her underage status.
Consequently, the defence of mistake of age was negated, and Mr. Langlois was found guilty of both sexual assault and sexual interference.
