Historical sexual offence prosecution arising from allegations by a step-daughter of repeated sexual touching, digital penetration, and intercourse between childhood and early adulthood.
The court applied the reasonable doubt framework and the principles governing assessment of evidence about childhood events, distinguishing between credibility and reliability.
It found major material inconsistencies undermined the reliability of the allegations of intercourse and cunnilingus, creating a reasonable doubt on the sexual exploitation count.
However, the court accepted the early allegations of sexual touching as clear, convincing, and materially corroborated by family disclosure evidence, and entered findings of guilt for sexual assault and sexual interference.
