R. v. B, 2024 BCSC 1534 Accused found not guilty

In R. v. Boychuk, 2024 BCSC 1534, the accused was charged with sexually assaulting a 17-year-old complainant at her home. The complainant alleged a violent sexual assault involving slapping, choking, and non-consensual sexual contact after the accused arrived unannounced.

Key Evidence

• Complainant’s video-recorded police statement and trial testimony
• Minor bruising documented by forensic nurse examination
• Testimony from complainant’s sister and friend
• Evidence of delayed disclosure and initial false explanations to family

Court’s Analysis

The judge found significant credibility issues with the complainant’s testimony, including:

• Fabricated details: Created narrative about how specific bruises occurred
• Exaggerations: False claims about medication being forced down her throat
• Inconsistencies: Changed testimony about losing consciousness during assault
• Questionable behavior: Taking video of accused immediately after alleged attack

Verdict Reasoning

While acknowledging the complainant appeared composed and forthcoming, the court concluded that her tendency to create false narrative details and significant inconsistencies raised reasonable doubt about the reliability of her core testimony. The minor bruising provided only modest corroborative value and was consistent with either consensual contact or minor altercation.

Result: Acquittal based on reasonable doubt regarding complainant’s credibility and reliability.

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