Following a judge-alone criminal trial subject to a publication ban, the court convicted the accused of sexual assault and sexual exploitation involving a young complainant taken to him by her mother for spiritual healing.
The court applied the W. (D.) framework, rejected the accused's evidence as not credible or reliable, and accepted the complainant's detailed account of escalating sexual conduct occurring in the context of ritual baths and spiritual manipulation.
The court held that the sexual touching was proven, that the complainant did not subjectively consent, and that no honest but mistaken belief in consent was available.
The court further found that the accused occupied a position of trust or authority by virtue of the complainant's and her mother's belief in his spiritual powers, the age disparity, the paid healing relationship, and the grooming dynamic.
