SELECTED CASE LAW
In 2017 ONSC 4005, Ms. W and Mr. D were a couple who were charged with invitation to sexual touching, sexual interference, and sexual assault in relation to Ms. W’s niece, Ms. S.
Ms. S used to stay overnight at her aunt’s place fairly often and stated that Mr. D had begun sexually abusing her from the age of 5 until she was 16. She said Mr. D would include Ms. W in the abuse on occasion.
Ms. S testified that at one-point Ms. W had set up a digital camera to catch Mr. D’s abuse, but when he checked the camera, nothing was on the video. The couple denied the allegations but Ms. W did testify that Mr. D was watching porn in the same room where Ms. S was sleeping and she set up a camera to try and catch him but did not see anything of concern in the video. Mr. D said that the camera was set up to see if anything was going on between Ms. S and Mr. D but nothing appeared in the video.
The Court was left with reasonable doubt as to whether the couple abused the girl and acquit-ted them of the charges.
Criminal Offence(s): Sexual Assault