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Sexual assault conviction entered after the denial failed to raise a reasonable doubt.
Following a judge-alone trial for sexual assault arising from an incident between co-workers during an overnight shift, the court applied the W.(D.) framework and convicted the accused.
The court found the complainant credible and reliable on the core allegations of non-consensual touching, digital penetration, and penile-vaginal penetration in a staff lounge.
The accused’s denial was rejected as internally inconsistent, contradicted by text messages and surveillance video, and implausible in material respects.
The complainant’s delayed disclosure, continued contact with the accused, and admitted marihuana use did not undermine the reliability of her evidence or raise a reasonable doubt.
