The accused was charged with sexual assault and assault causing bodily harm arising from a sexual encounter with the complainant.
The Crown alleged that the accused became aggressive and violent without consent during the encounter.
The accused admitted to becoming aggressive and dominant but maintained that the complainant consented to all sexual acts.
The trial judge found that the complainant suffered bodily harm but concluded that the Crown failed to prove the absence of consent beyond a reasonable doubt.
The accused's testimony, though not accepted, raised a reasonable doubt regarding consent.
Additionally, the judge found that while bodily harm was caused, the Crown failed to prove that the accused intended to cause bodily harm, as opposed to causing transient pain within the context of consensual sexual activity.
Both charges were dismissed.
