The two accused were charged with sexual assault causing bodily harm following an incident in a van outside a party.
The Crown alleged the complainant was highly intoxicated, blacked out, and did not consent or lacked the capacity to consent to sexual intercourse with both men.
The accused gave statements to police claiming the sexual activity was consensual.
The trial judge rejected the accuseds' statements but found the complainant's evidence regarding her level of intoxication and blackouts insufficiently reliable to prove lack of subjective consent or lack of capacity beyond a reasonable doubt.
Both accused were acquitted.
