The accused was charged with sexual assault and sexual interference involving a child who alleged that the accused touched her vaginal area over and under her pyjamas while reading bedtime stories over an extended period when she was between seven and eight years old.
The trial judge assessed the credibility and reliability of the complainant’s delayed disclosure and considered the principles in W.(D.) and jurisprudence on evaluating child witnesses.
While the complainant’s testimony appeared sincere, the court identified internal inconsistencies, reliability concerns regarding certain details, and evidence suggesting potential motive related to family dynamics and conflict between the complainant and the accused.
Considering the totality of the evidence, including the accused’s testimony and the surrounding circumstances, the court found that the accused’s denial could reasonably be true.
The Crown therefore failed to prove the allegations beyond a reasonable doubt.
