R. v. K.C.

R. v. K.C.

On the accepted evidence the Crown proved beyond a reasonable doubt that during the January Encounter the accused intentionally engaged in sexual touching including digital vaginal penetration and oral sex without the complainant's consent; the accused's claim of honest but mistaken belief was rejected because it rested on wilful blindness, recklessness and failure to take reasonable steps to ascertain consent (and in part self-induced intoxication).

Citation
2022 BCSC 754
Parties
Crown: Regina; Accused: K.C.; Complainant: M.W.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 March 2022
Procedural Posture
Criminal Sexual Assault / Trial Judgment (conviction)
Outcome
Accused convicted of sexual assault contrary to s.271 of the Criminal Code
Legal Topics
Consent, Honest But Mistaken Belief, Position of Trust, Mens Rea, Credibility and Witness Assessment
Source Language
English
Criminal Law Sexual Offences Evidence Consent Honest But Mistaken Belief Position of Trust Mens Rea Credibility and Witness Assessment

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Parties

Regina

Crown

K.C.

Accused

M.W.

Complainant

Procedural Posture

Criminal Sexual Assault / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether the complainant consented to the sexual acts
  2. 2 Whether the accused had an honest but mistaken belief in consent
  3. 3 Whether the accused abused a position of trust or induced the complainant

Ratio Decidendi

On the accepted evidence the Crown proved beyond a reasonable doubt that during the January Encounter the accused intentionally engaged in sexual touching including digital vaginal penetration and oral sex without the complainant's consent; the accused's claim of honest but mistaken belief was rejected because it rested on wilful blindness, recklessness and failure to take reasonable steps to ascertain consent (and in part self-induced intoxication).

Court Disposition

Accused convicted of sexual assault contrary to s.271 of the Criminal Code

Orders

  • Found guilty as charged
  • Restriction on publication to protect complainant and family pursuant to s.486.4(2) of the Criminal Code