The accused was tried on a historical sexual offence allegation arising from an incident when the complainant was three or four years old during family babysitting visits.
The court admitted and relied heavily on the complainant's videotaped police interview under s. 715.1 of the Criminal Code, finding it reflected a truthful and reliable account notwithstanding the passage of time and some inconsistencies on peripheral details.
Applying the W.(D.) framework and the caution applicable to historical child sexual abuse allegations, the court rejected much of the defence evidence as contrived and tailored to negate opportunity.
The court found the Crown proved beyond a reasonable doubt that the accused invited the complainant to put his penis in her mouth, contrary to s. 152.
