R. v. A.S.
The complainant's account was coherent, contextually probable and supported by her reaction and exhibit; the accused's account was internally inconsistent and not credible; therefore the Crown proved beyond a reasonable doubt that the accused intentionally and non-consensually touched and rubbed the complainant's vagina, constituting sexual assault.
- Citation
- 2002 NSPC 27
- Parties
- Crown: Her Majesty the Queen; Accused: A. S.
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 31 July 2002
- Procedural Posture
- Criminal Sexual Assault / Trial Decision (verdict)
- Outcome
- Accused found guilty of sexual assault; conviction entered.
- Legal Topics
- Consent, Credibility Assessment, Burden of Proof, Sexual Integrity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
A. S.
Accused
Procedural Posture
Criminal Sexual Assault / Trial Decision (verdict)
Legal Issues
- 1 Whether the touching was accidental or intentional
- 2 Whether the touching amounted to sexual assault due to lack of consent
Ratio Decidendi
The complainant's account was coherent, contextually probable and supported by her reaction and exhibit; the accused's account was internally inconsistent and not credible; therefore the Crown proved beyond a reasonable doubt that the accused intentionally and non-consensually touched and rubbed the complainant's vagina, constituting sexual assault.
Court Disposition
Accused found guilty of sexual assault; conviction entered.
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