SELECTED CASE LAW
ALBERTA:
In 2018 ABCA 228, Mr. Q appealed his conviction of sexual assault.
Mr. Q, a 24-year-old man, met a 19-year-old woman at party at a university residence house. He asked her to go for a drive with him to get more alcohol. When she got into his vehicle, Mr. Q locked the doors, drove away, and would not let her out of the car. The woman sent a Snap-chat video to a male friend who was at the party as well as her sister so they could find her. She sent a text to her sister asking for help and to come get her. Mr. Q later drove somewhere and sexually assaulted her in the vehicle. The woman told him she did not want to have sex with him. Mr. Q claimed the woman initiated the sexual contact and the sex was consensual, however, the trial judge did not believe him and found the woman to be a credible witness.
When the woman returned to the party she was crying and upset when she saw her sister. The two went back to the sister’s residence and called the police. The woman went to a medical centre to have a rape kit done.
His appeal was dismissed as the trial judge did not make any reviewable error.
Also see: [2018] SCCA No 380 (Leave to appeal); 2018 ABCA 228 (Appeal); 2017 ABCA 243 (Ap-peal), 2017 ABPC 83 (Trial)
Criminal Offence(s): Sexual Assault