The accused was charged with sexual assault arising from a photography session with an 18‑year‑old aspiring model whom he had met on a social networking application.
The complainant alleged that after the photo session the accused initiated unwanted sexual contact and forcibly had intercourse despite her resistance and repeated requests to stop.
The accused denied that any sexual activity occurred and claimed the complainant attempted to kiss him and became angry when he rejected her.
Applying the credibility framework from R. v. W.(D.), the court rejected the accused’s evidence as implausible and accepted the complainant’s testimony as credible and reliable, noting her contemporaneous email to police reporting the assault.
The court concluded that the complainant did not consent and that the Crown proved the offence beyond a reasonable doubt.
