Facts – F. was charged with break and enter of a residence and sexual assault. The Crown alleged F. was at a party with the complainant. The Crown further alleged after party F. went over to the complainant’s house uninvited through an open door, into her bedroom, and sexually assaulted her after having a brief conversation. The complainant testified F. held her down by the shoulders and sexually assaulted her. Two other witnesses testified and gave evidence inconsistent with the complainant’s evidence.
F. testified he went over to the complainant’s house after being invited over. F. went in through the side-door of her house, went to her bedroom, and after a conversation they had consensual sex.
Result – After trial, F. was acquitted of both the break and enter of a residence and sexual assault (Not Guilty).