R. v. Rafuse

R. v. Rafuse

Although the trial judge accepted the complainant's testimony as credible and found the conduct constituted a sexual assault, the accused's unimpeached testimony raised a reasonable doubt under the W.D. principle and the Crown failed to prove each element beyond a reasonable doubt; therefore the accused must be acquitted.

Citation
2019 NSPC 66
Parties
Crown: Her Majesty the Queen; Accused: Ryan Rafuse
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 November 2019
Procedural Posture
Criminal Sexual Assault / Trial Judgment (acquittal)
Outcome
Accused acquitted
Legal Topics
Consent, Reasonable Doubt, Credibility Assessment, W.d. Principle
Source Language
English
Criminal Law Sexual Assault Evidence Consent Reasonable Doubt Credibility Assessment W.d. Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Ryan Rafuse

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved sexual assault contrary to s.271 of the Criminal Code beyond a reasonable doubt
  2. 2 Assessment of credibility of complainant versus accused testimony
  3. 3 Application of W.D. principle when accused testifies

Ratio Decidendi

Although the trial judge accepted the complainant's testimony as credible and found the conduct constituted a sexual assault, the accused's unimpeached testimony raised a reasonable doubt under the W.D. principle and the Crown failed to prove each element beyond a reasonable doubt; therefore the accused must be acquitted.

Court Disposition

Accused acquitted

Orders

  • Accused Ryan Rafuse acquitted of the charge contrary to s.271 of the Criminal Code
  • Publication ban under s.486.4 of the Criminal Code prohibiting publication of information that could identify the victim/complainant