R. v. Watter, 2022 ONCJ 581

Case Summary

The accused, a university professor, was charged with sexual assault and sexual assault causing bodily harm against a postgraduate student. The central issue at trial was whether the complainant consented to the physical acts. The court found the complainant to be an unreliable witness due to significant internal inconsistencies, contradictions with prior statements to police and media, and stark contrasts with text messages exchanged with the accused at the time. The court also rejected the Crown's arguments that consent was vitiated by an abuse of power or by the infliction of bodily harm, finding no evidence that the accused misused his position to extract consent or intended to cause bodily harm. The accused was found not guilty on both charges.