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.
