R. v. Letourneau

R. v. Letourneau

The Crown failed to prove beyond a reasonable doubt that the complainant did not consent because the complainant's unexplained and significant memory gap undermined her credibility and left no direct evidence of her subjective state during the critical period; the accused's credible testimony established conduct...

Source-derived case information.

Citation
2020 NSSC 302
Parties
Crown: Her Majesty the Queen; Accused: Luke Arthur Letourneau
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 October 2020
Procedural Posture
Criminal Sexual Assault / Trial Judgment/acquittal
Outcome
Acquitted (Not guilty)
Legal Topics
Consent, Mistaken Belief, Credibility, Memory Gap, Burden of Proof
Source Language
english
Criminal Law Sexual Assault Evidence Consent Mistaken Belief Credibility Memory Gap Burden of Proof

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Parties

Her Majesty the Queen

Crown

Luke Arthur Letourneau

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment/acquittal

Legal Issues

  1. 1 Whether the complainant consented to the sexual activity
  2. 2 Whether the accused had an honest but mistaken belief in consent
  3. 3 Whether the complainant's unexplained memory gap undermines credibility

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the complainant did not consent because the complainant's unexplained and significant memory gap undermined her credibility and left no direct evidence of her subjective state during the critical period; the accused's credible testimony established conduct consistent with consent and an honest but mistaken belief in consent, leading to acquittal.

Court Disposition

Acquitted (Not guilty)

Orders

  • Accused acquitted of sexual assault contrary to s.271 of the Criminal Code
  • Publication ban: information that may identify the complainant, victim or witnesses prohibited under ss.486.4 and 486.5 of the Criminal Code