The accused was tried on charges of sexual assault, assault by gesture, and breach of probation arising from an incident in an intimate relationship.
The court found the complainant credible and reliable notwithstanding a possible motive to fabricate, and accepted her evidence that the accused intentionally touched her sexually after she repeatedly said no and physically resisted.
The court was not satisfied beyond a reasonable doubt that a closed-fist gesture during a later argument was intended as a threat, given the contemporaneous denial overheard by another witness.
The accused was acquitted of assault, but convicted of sexual assault and failing to comply with probation by committing the sexual assault.
