The accused, a young person under the Youth Criminal Justice Act, was charged with sexual assault and sexual touching of his younger brother, who has Asperger's syndrome and developmental disabilities.
The Crown called two witnesses: the foster mother and the complainant.
The trial judge found significant and irreconcilable inconsistencies in the complainant's evidence regarding the number of assaults, the nature of the touching, and the circumstances in which they occurred.
While acknowledging that the accused likely did something that made the complainant uncomfortable, the court found the evidence insufficient to prove the charges beyond a reasonable doubt and acquitted the accused on both counts.
