SELECTED CASE LAW
In 2015 ABCA 149, Mr. G was acquitted of sexual assault, sexual exploitation and sexual interference. His acquittal was appealed by the Crown.
Mr. G had been charged with sexual offences against his two step-daughters and his biological daughter while they were between 5 and 14 years old. These sexual offences included sexual touching of them by him, exposing them to pornographic videos, performing sexual acts on them, having them perform acts on themselves with a vibrator, and anal intercourse.
His behavior was only reported by the daughters when they were 17-18 years old and their memories had been compromised since. Due to the time it took to report and their inconsistencies, Mr. G was acquitted on all counts.
On appeal, the court found that the judge should have evaluated the complainants’ actions using a subjective standard, rather than objective, in assessing credibility and should have given less weight to minor inconsistencies.
A new trial was ordered.
Also see: 2013 ABQB 724 (Trial)