SELECTED CASE LAW
In 2013 NSCA 19, Mr. W, a 36-year-old man, appealed his conviction of sexually touching a 13-year-old girl, Ms. S, for sexual purposes. He argued that the trial judge had made a mistake in evaluating certain evidence and in the assessment of credibility.
At trial he was accused of sexual assault and sexually touching the girl. Ms. S testified that she had met with Mr. W on several occasions to engage in sexual activities ranging from kissing to attempted intercourse. Mr. W denied having any physical contact with Ms. S. However, there were text messages and Facebook messages between Mr. W and Ms. S, including sexually suggestive messages and messages directing her to delete the messages between them, and Ms. S testified that Mr. W had sent her a nude image of himself and that she had a photo of the two of them kiss, which was corroborated by other witnesses at trial. Mr. W claimed the messages he sent were intended for another person and that he was too busy to have met with Ms. S.
He was convicted of sexually touching the girl and the charge of sexual assault was condition-ally stayed.
Mr. W was sentenced to six months in jail and three years’ probation.
The court of appeal did not find that the trial judge had made a mistake in assessing the evidence or the credibility of the witnesses.
Criminal Offence(s): Sexual Assault