The accused was tried on one count of sexual assault and one count of sexual exploitation involving his niece over a period when she was a teenager.
The court accepted the complainant’s evidence about eight incidents, despite some inconsistencies, and found her testimony credible and reliable in light of her age at the time, the passage of time, and the dynamics of the relationship.
The judge found that some acts occurred when she was under 16 and therefore legally incapable of consenting, and that later acts occurred while the accused was in a position of trust or authority that negated any apparent consent and supported the exploitation charge.
The accused was found guilty on both counts of the indictment.