The accused, S.P., was charged with sexual assault and sexual touching against his stepdaughter, B.V. The allegations involved inappropriate touching over clothing in B.V.'s bedroom, a 'spooning' incident on a couch, and an unduly long hug during a vacation.
The court assessed the credibility and reliability of both the complainant and the accused, noting inconsistencies in B.V.'s disclosure process and K.M.'s testimony, as well as the accused's questionable explanations for his conduct.
Applying the standard of proof beyond a reasonable doubt, the court found that the Crown had not met its burden, emphasizing that the mere fact of a complaint does not boost the Crown's case and that the 'believe the victim' slogan has no place in a criminal trial.
The charges were dismissed, and acquittals were entered.