The accused was charged with sexual touching and sexual assault of a child complainant between September 1, 2004 and December 31, 2009.
The Crown proceeded summarily and the trial took place before a judge of the Ontario Court of Justice.
The complainant, who was nine years old at trial, testified that she was touched inappropriately on two occasions during babysitting visits to the accused's home when she was approximately two or three years old.
The accused denied all allegations.
The judge applied the R. v. W.D. analysis and found that while the complainant's evidence had some credible features, it was subject to significant frailties including questionable memory of specific details from five or six years prior, a prior admission of fabricating stories for attention, and multiple discrepancies between her trial testimony and prior statements to police, preliminary inquiry evidence, and her mother's recollection.
The judge concluded that the totality of the evidence left reasonable doubt and acquitted the accused on both charges.