The accused was tried on a charge under s. 153.1 of the Criminal Code alleging sexual conduct with a complainant who had Down syndrome and functioned at the level of a young child.
The court found both the complainant and the accused credible, but held the complainant was highly susceptible to suggestion from authority figures.
The allegation first emerged only after the complainant's sister, in a frightened state over sores she believed might indicate a sexually transmitted disease, directly suggested the accused's name and sexual acts.
Because the origin of the allegation created a reasonable doubt as to its authenticity, the accused was acquitted.
