The accused was tried on multiple sexual assault-related counts involving three complainants, including allegations arising from a blindfolded Play-Doh game, requests to untie swim trunks, and a truth or dare game.
The court refused the Crown’s cross-count similar fact evidence application, holding that the incidents lacked sufficient similarity and had very limited probative value.
Applying the criminal standard of proof, the court found material inconsistencies, memory frailties, and alternative reasonable inferences that prevented the Crown from proving the acts and sexual purpose beyond a reasonable doubt.
The evidence relating to the final incident was found so unreliable that it would be unsafe to convict.
The accused was acquitted on all counts.
