The accused was tried on charges of sexual assault and touching for a sexual purpose arising from an allegation that he kissed a 12-year-old family friend on the cheek while she was resting in bed.
The trial judge accepted the complainant's evidence that the kiss occurred and rejected the accused's account that he merely said “Boo!” from the doorway.
Applying the criminal burden of proof and the objective inquiry into whether the touching occurred in circumstances of a sexual nature, the court held that the evidence left a reasonable doubt as to whether the kiss was sexual rather than a foolish, offensive prank.
The accused was acquitted on all charges.
