2016 SKQB 186

In 2016 SKQB 186, Mr. F, a 35-year-old man, was charged with sexual interference, invitation to sexual touching, and sexual assault.

Mr. F met Ms. A at her workplace. They began a sexual relationship and Mr. F would spend the night at Ms. A’s home. Ms. A had several children, including a 13-year-old daughter, Ms. RA, with whom he became close and communicated regularly via text message. On occasion, Ms. A would ask Mr. F to look after her children. During this time, Mr. F would come to Ms. RA’s room to cuddle her. Ms. A did not know about the texting or the cuddling. Ms. RA stated that Mr. F touched her sexually on several occasions and once had her touch his penis. Ms. RA eventually told her mother, who told a counsellor, who reported it to the police.

The police retrieved content from Mr. F’s cell phone, including all the approximately 4,500 text messages between him and Ms. RA over a 61 day period. The texts contained no reference to sexual interaction between the two and the court was not convinced beyond a reasonable doubt, stating:

It is most unlikely that if sexual touching, interference or a sexual assault occurred during the relationship between the accused and [Ms. RA], that some reference would not have been explicitly made to it in the extraordinarily vast text messaging that occurred between the accused and [Ms. RA]. [1]

Ms. RA was also vague in her testimony at trial.

Mr. F was acquitted of all charges.

Criminal Offence(s): Sexual Assault

[1] 2016 SKQB 186 at 71.