The accused was charged with sexual assault arising from an encounter at a buck and doe event on the Six Nations Reserve on July 29, 2012.
The complainant was heavily intoxicated and had significant memory gaps regarding the night.
The Crown advanced two theories: first, that the complainant lacked capacity to consent due to extreme intoxication, and second, that she did not in fact consent.
The court found the complainant possessed minimal capacity to consent despite her intoxication.
However, the court found the evidence regarding actual consent was equivocal and could not be resolved beyond a reasonable doubt.
The charge was dismissed.
