In a judge-alone historical sexual abuse trial, the court assessed competing testimony from the complainant, family witnesses, and the accused concerning allegations of repeated sexual abuse by an adoptive father over several years during the complainant's childhood.
Applying the W.D. framework, the court rejected the accused's denial, accepted the complainant's evidence as credible and reliable, and found material support in sibling evidence concerning opportunity, missing clothing, tampons, and nighttime activity in the home.
The court held that delayed disclosure and continued emotional attachment to the abuser did not undermine credibility in the circumstances.
Convictions were entered on counts of buggery, indecent assault, and sexual assault, and the gross indecency count was stayed under the Kienapple principle.
