The accused was charged with sexual assault and sexual interference arising from an alleged incident involving a young child relative in 2003.
The complainant testified that the memory of the alleged assault resurfaced approximately eight years later.
Applying the credibility framework in R. v. W.(D.), the court assessed whether the Crown had proven the allegations beyond a reasonable doubt.
The judge expressed concerns about the reliability of the recalled memory and the absence of corroborative or expert evidence regarding memory recovery.
On the totality of the evidence, the Crown failed to meet the burden of proof and the accused was acquitted on both counts.
