The accused, K.C., was charged with sexual assault and sexual interference involving A.B., who was 15 years old at the time of the alleged offence.
The accused admitted to sexual intercourse but raised the defence of honest but mistaken belief in the legal age of consent.
The court analyzed the defence under the principles of R. v. Morrison and R. v. Hason, finding that the accused failed to take all reasonable steps to ascertain the complainant's age and relied on impermissible stereotypical reasoning.
Consequently, the defence of mistaken belief in age was unavailable.
The court found that the Crown proved beyond a reasonable doubt that the accused was reckless as to the complainant's underage status, establishing the requisite mens rea.
The accused was found guilty on both counts, with a stay of conviction entered for sexual assault under the Kienapple principle.