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The court acquitted the accused of sexual assault due to reasonable doubt regarding consent.
The accused was charged with sexual assault following an incident where police discovered him engaged in sexual activity with an extremely intoxicated complainant in a grassy area outside an apartment building.
The Crown alleged the complainant was incapable of consenting due to her extreme intoxication.
The trial judge acquitted the accused, finding a reasonable doubt regarding the absence of consent.
Despite evidence of the complainant's severe intoxication, independent witness testimony and the accused's evidence suggested the complainant had consented to the sexual activity.
