The appellant was convicted of sexual assault and sexual interference following a trial before Justice E. Allen on March 7, 2024.
The charges arose from an incident at a wave pool on July 30, 2022, where the appellant allegedly touched a 13-year-old complainant's genital area over her bathing suit.
The appellant appealed on three grounds: (1) insufficient reasons regarding mens rea; (2) improper admission of post-offence conduct in videotaped statements under s. 715.1 and failure to consider alternative inferences; and (3) improper credibility contest.
The appeal was dismissed.
The court found the trial judge's reasons were factually and legally sufficient in context, the videotaped statements were properly admitted, and the trial judge did not reverse the onus of proof or improperly engage in a credibility contest.
