SELECTED CASE LAW
In 2011 ABPC 9, Mr. M was found not guilty of sexual assault, sexual interference, invitation to sexual touching, and making child pornography relating to his 13-year-old stepdaughter.
His stepdaughter stated that Mr. M took photos of her in her mother’s lingerie. She sent these photos to boys in her school, claiming that she wanted to be popular.
There were some problems with her testimony. She had cognitive difficulties that posed problems for her ability to retain and communicate evidence. Further, the court found that credibility was a key issue. The court noted that the victim’s credibility “must be considered in relation to the evidence presented. Her disclosure arose when she and her mother wanted the accused, her stepfather, out of their residence. Further, her evidence is in conflict with other evidence.”
The Court ultimately held that the Crown did not discharge its burden of proof and accordingly found Mr. M not guilty.
 2011 ABPC 9 at 199.