R v MAM

R v MAM

Judge found both complainant and accused equally credible on core facts; prosecution did not prove beyond a reasonable doubt that the accused invited sexual touching on the two earlier occasions (s.152) and the accused's credible evidence that the complainant brought a condom, initiated oral sex and that he made ongoing inquiries created reasonable doubt on the s.271 sexual assault charge and established an air of reality to an honest but mistaken belief defence; accordingly acquittals were entered on both counts.

Citation
2025 NSPC 1
Parties
Prosecution: His Majesty the King; Accused (young Person): MAM
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 January 2025
Procedural Posture
Youth Criminal (youth Justice Court) / Trial Decision (judge Alone)
Outcome
Acquittal recorded on each count (s.152 and s.271)
Legal Topics
Consent, Honest But Mistaken Belief, Invitation to Sexual Touching, Close in Age Exception, Narrative Evidence, Delayed Reporting, Charging Duplication, Admissibility of Prior Statements
Source Language
English
Criminal Law Youth Justice Sexual Offences Evidence Consent Honest But Mistaken Belief Invitation to Sexual Touching Close in Age Exception +4 more

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Parties

His Majesty the King

Prosecution

MAM

Accused (young Person)

Procedural Posture

Youth Criminal (youth Justice Court) / Trial Decision (judge Alone)

Legal Issues

  1. 1 Whether accused invited sexual touching contrary to s.152 of the Criminal Code
  2. 2 Whether accused committed sexual assault contrary to s.271 of the Criminal Code
  3. 3 Whether the complainant subjectively consented to the sexual activity in the camper

Ratio Decidendi

Judge found both complainant and accused equally credible on core facts; prosecution did not prove beyond a reasonable doubt that the accused invited sexual touching on the two earlier occasions (s.152) and the accused's credible evidence that the complainant brought a condom, initiated oral sex and that he made ongoing inquiries created reasonable doubt on the s.271 sexual assault charge and established an air of reality to an honest but mistaken belief defence; accordingly acquittals were entered on both counts.

Court Disposition

Acquittal recorded on each count (s.152 and s.271)

Orders

  • Acquittals recorded on both counts (information 840426; dockets 8582904, 8582905)
  • Amendment of s.152 count wording to correct gender reference to reflect that the invited toucher was female (permitted under Criminal Code s.601(2))