Ms. A. Barnes

The accused was charged with sexual assault after a stranger grabbed the complainant's buttocks.

The complainant followed the assailant to a convenience store, and police later obtained surveillance video showing the accused in the store.

The court assessed the reliability of the complainant's eyewitness identification, noting several frailties including cross-racial identification, discrepancies in the description of the assailant's build and clothing, and the short duration of observation under stress.

The court found these frailties raised a reasonable doubt about identity and acquitted the accused.

The accused was charged with sexual assault following an incident in which a complainant alleged that a man grabbed her buttocks outside an apartment building on Sherbourne Street in Toronto at approximately 3:30-4:00 a.m.

The complainant followed the alleged assailant to a convenience store and identified him on surveillance video.

The Crown relied primarily on the complainant's eyewitness identification.

The court acquitted the accused, finding that despite the complainant's detailed account and her absolute certainty, the cumulative frailties of her evidence, including inconsistencies regarding the assailant's build, the colour and design of his t-shirt, and the inherent dangers of eyewitness identification evidence, left the court in reasonable doubt as to the accused's identity as the perpetrator.