A young person (DP), age 15 at the time of the alleged offence, was charged with sexual assault under section 271 of the Criminal Code for allegedly penetrating the complainant (ML) anally while she slept during a birthday sleepover.
The Crown proceeded by indictment.
The trial involved testimony from the complainant, two witnesses present at the sleepover, and the accused.
The court found the accused not guilty, concluding that while the complainant appeared credible and genuinely believed the assault occurred, her evidence regarding the critical two-minute window of the alleged offence raised reliability concerns given her extreme intoxication and initial uncertainty.
The accused's evidence, though also raising reliability concerns due to his intoxication and drug use, was sufficiently plausible to create reasonable doubt.
The Crown failed to meet its burden of proof beyond a reasonable doubt.
