The accused, a personal support worker, was charged with two counts of sexual assault involving two elderly female residents of a nursing home.
The allegations stemmed from incidents during bathing and peri-care procedures.
One complainant passed away before trial, and her video statement was admitted under the principled exception to the hearsay rule, though a similar fact application was dismissed.
Applying the W.D. test and the objective test for sexual assault from Chase, the court accepted the accused's evidence that he had no sexual intent and that his actions were within the scope of his duties.
The accused was acquitted on both counts.
