R. v. S.A.W.

R. v. S.A.W.

The Crown failed to prove beyond a reasonable doubt that the accused lacked consent for the oral sexual act because the accused presented sufficient evidence to raise an honest belief in consent; the September incident was not proved as a domestic assault and the force used was trivial or reflex (de minimis); on credibility and total evidence the accused is not guilty on both sexual assault and assault charges and acquittals are entered.

Citation
2002 NSPC 40
Parties
Crown/prosecution: Her Majesty the Queen; Accused: S. A. W.; Complainant/victim: C. W.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 December 2002
Procedural Posture
Criminal Sexual Assault and Assault / Trial Decision (provincial Court)
Outcome
Acquittal of the accused on charges of sexual assault and assault; not guilty verdicts entered.
Legal Topics
Sexual Assault, Assault, Consent, Domestic Violence / Domestic Assault, Credibility Assessment, Defences: Honest Belief, De Minimis Non Curat Lex
Source Language
English
Criminal Law Sexual Assault Assault Consent Domestic Violence / Domestic Assault Credibility Assessment Defences: Honest Belief, De Minimis Non Curat Lex

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Parties

Her Majesty the Queen

Crown/prosecution

S. A. W.

Accused

C. W.

Complainant/victim

Procedural Posture

Criminal Sexual Assault and Assault / Trial Decision (provincial Court)

Legal Issues

  1. 1 Whether the accused committed sexual assault by engaging in non-consensual oral sex and vaginal strikes
  2. 2 Whether the accused honestly believed the complainant consented to the sexual activity
  3. 3 Whether the September incident constituted a "domestic assault" given parties' living arrangements

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the accused lacked consent for the oral sexual act because the accused presented sufficient evidence to raise an honest belief in consent; the September incident was not proved as a domestic assault and the force used was trivial or reflex (de minimis); on credibility and total evidence the accused is not guilty on both sexual assault and assault charges and acquittals are entered.

Court Disposition

Acquittal of the accused on charges of sexual assault and assault; not guilty verdicts entered.

Orders

  • Acquittal entered on the record
  • Publication ban under s.486(3) Criminal Code (restriction on publication)