The accused was tried on summary conviction charges of sexual assault and sexual exploitation involving a child complainant during a sleepover in a family context.
The trial judge applied the W. (D.) framework and the reasonable doubt standard, finding the complainant generally credible in the sense that she believed her account, but not sufficiently reliable to ground conviction given inconsistencies, delayed disclosure, and competing evidence about the sleeping arrangements and subsequent conduct.
The accused's explanation that any contact may have arisen while moving the child from a couch to a mattress was found plausible when considered with the whole of the evidence.
The Crown failed to prove guilt beyond a reasonable doubt, and the accused was acquitted.
