This decision involves charges of sexual interference and sexual assault arising from events that occurred nearly 11 years prior, involving parties who were high school students at the time.
The court carefully analyzed the evidence, including testimony from the complainant, the defendant, and a witness, focusing on the issue of consent.
The complainant testified that while kissing was consensual, subsequent sexual acts were non-consensual despite her verbal refusal and lack of physical resistance.
The defendant claimed consent based on the complainant’s body language and conduct.
The court reviewed the legal principles governing consent and mistake of fact defenses, emphasizing the requirement for communicated consent and reasonable steps to ascertain it.
Ultimately, the court found that while the sexual acts occurred, the Crown failed to prove beyond a reasonable doubt that the sexual activity was non-consensual, resulting in dismissal of the charges.
