The accused was charged with two counts of sexual abuse of a child under 16 years of age: touching the complainant with his hand for a sexual purpose contrary to section 151 of the Criminal Code, and inviting the complainant to touch his penis contrary to section 152 of the Criminal Code.
The complainant testified that the accused, a family friend, engaged in a pattern of escalating sexual touching during vehicle rides over approximately two years when she was between 7 and 8 years old.
The accused denied all allegations.
The court found the complainant credible and accepted her evidence, finding the Crown proved the first count beyond a reasonable doubt.
However, the court found insufficient evidence to prove the second count, as the complainant did not establish that the accused invited her to touch his penis specifically.
The accused was convicted on count one and acquitted on count two.