The accused, FZ, was charged with two counts of sexual assault against his wife, WLM, involving alleged non-consensual vaginal intercourse on January 5, 2019, and non-consensual touching of her breast on June 6, 2020.
The Crown's case relied solely on the complainant's testimony, while the defence presented the accused's testimony and expert evidence from a forensic psychiatrist, Dr. Julian Gojer, who opined that FZ exhibited "complex trauma" and a passive, apologetic personality.
The court found the complainant's evidence to be disingenuous and inconsistent with the textual evidence and the accused's psychological profile, which suggested a controlling dynamic where the complainant was the dominant party.
The court was not satisfied beyond a reasonable doubt that the sexual assaults occurred and consequently dismissed both charges.