2016 MBCA 27

In 2016 MBCA 27, Mr. S was convicted of sexual assault and sexual interference in relation to his daughter’s 14-year-old friend.

The girl claimed that she visited Mr. S at his rooming house. Mr. S offered her some pills that made her fall asleep and she woke up to Mr. S sexually assaulting her. She said he took her phone away so she couldn’t call for help and she later escaped through a bathroom window. Mr. S claimed that she had left abruptly while watching a movie, but did admit to masturbating behind her while she watched the movie.

At trial, Mr. S was found guilty, but on appeal the court found that the trial judge had not assessed the credibility of the girl properly. The trial judge had found her credible despite a number of inconsistencies in her evidence that the judge did not refer to in the judgement. DNA evidence from the semen found on the girl’s clothing was inconclusive to show whether she had been assaulted.

The conviction was overturned, but the accused had already served his sentence so a retrial was not called.


Criminal Offence(s): Sexual Assault