The accused was tried on one count of sexual assault and one count of sexual interference arising from historical allegations of intrafamilial child sexual abuse.
The case turned entirely on the complainant's credibility and reliability, including challenges based on chronology, delayed disclosure, memory suppression, and inconsistencies between trial testimony and police statements.
The court held that the complainant's frailties did not undermine her credibility on the core allegations and that common sense and human experience permitted assessment of her memory without expert evidence in the circumstances.
Findings of guilt were entered on both counts, subject to the trial judge's exclusion of one non-sexualized knee-bouncing incident and insufficient age-related proof for one touching incident on the sexual interference count.
