A young person acquitted of sexual assault charges despite court’s suspicions; the judge found the complainant credible but unreliable due to vagueness and inconsistencies, insufficient for beyond reasonable doubt standard.
In R v LA, 2024 ABCJ 70, a young person was charged with sexual assault against a complainant who was almost 14 years old during their approximately 6-month relationship. The Crown alleged non-consensual sexual touching occurred multiple times at the complainant’s home.
The complainant testified that the accused initiated kissing and touched her breasts and genital area without consent, despite her saying “no” on multiple occasions. She described approximately 10-12 encounters over 5-6 months. The young person denied the allegations and claimed he understood consent through non-verbal cues.
The judge found the complainant credible but had reliability concerns due to vagueness about specific details, inconsistencies in testimony, and generalizations about events. The judge also questioned the accused’s credibility, noting convenient memory lapses and logical inconsistencies in his testimony.
Despite suspicions about the accused’s actions and attitude toward consent, the court found the Crown failed to prove the allegations beyond a reasonable doubt due to reliability issues with the complainant’s evidence. The young person was acquitted on both counts.
