This decision addresses the credibility and reliability assessments in a sexual assault trial involving intimate partners, W.O. and M.M., who were married for 25 years and both served in the Canadian military.
The accused faced multiple charges of sexual assault and one count of assault.
The trial judge carefully applied the W.(D.) framework to evaluate conflicting testimonies, considering medical conditions, memory issues, and inconsistencies in the complainant's evidence.
The judge found the accused not guilty of the sexual assault charges due to reasonable doubt and credibility concerns but convicted him of a minor assault causing injury to the complainant's hand during a physical altercation over trailer keys.
