R. v. K., November 2021 – BCPC

Facts – K. was charged with sexual assault. The Crown alleged K. was at a residence with the complainant after a party. After everyone in the house went to sleep, the complainant testified she woke up to being sexually assaulted. The complainant called the police from the washroom of the residence to report the incident. Two other witnesses testified for the Crown, and evidence given by both was inconsistent with the complainant, but consistent with K.

K. testified in his own defence. He agreed he was there and slept on the couch with the complainant, but never touched the complainant in a sexual manner and denied the offence.

Result – The trial judge found the inconsistencies in the complainant’s evidence on cross-examination lead to a reasonable doubt on the offence of sexual assault. The judge also found K.’s evidence would have raised a reasonable doubt. K. was acquitted (Not Guilty).

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