R. v. Richardson

R. v. Richardson

The court concluded beyond a reasonable doubt that the accused unlawfully sexually assaulted B.Y. (count 5) and committed gross indecency and sexual assault against C.Y. (counts 3 and 4) because the Crown proved unwanted sexual touching and that the accused could not have held a reasonable honest belief in consent given verbal refusals and contextual factors; contradictions in a complainant's statement led to acquittal on other counts where reliability could not be established.

Citation
2014 BCSC 996
Parties
Crown: Regina; Accused: Richard Elbertson Richardson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 May 2014
Procedural Posture
Criminal / Judge Alone Trial; Oral Reasons and Verdict
Outcome
Acquitted on counts 1 and 2; Convicted on counts 3, 4 and 5.
Legal Topics
Sexual Assault, Gross Indecency, Buggery, Consent, Mistaken Belief in Consent, Historic Child Sexual Abuse, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Gross Indecency Buggery Consent Mistaken Belief in Consent +2 more

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Parties

Regina

Crown

Richard Elbertson Richardson

Accused

Procedural Posture

Criminal / Judge Alone Trial; Oral Reasons and Verdict

Legal Issues

  1. 1 Whether the complainants consented to the sexual acts
  2. 2 Whether the accused held an honest but mistaken belief in consent (mens rea)
  3. 3 Credibility and reliability of delayed historical allegations

Ratio Decidendi

The court concluded beyond a reasonable doubt that the accused unlawfully sexually assaulted B.Y. (count 5) and committed gross indecency and sexual assault against C.Y. (counts 3 and 4) because the Crown proved unwanted sexual touching and that the accused could not have held a reasonable honest belief in consent given verbal refusals and contextual factors; contradictions in a complainant's statement led to acquittal on other counts where reliability could not be established.

Court Disposition

Acquitted on counts 1 and 2; Convicted on counts 3, 4 and 5.

Orders

  • Not guilty on counts 1 and 2
  • Guilty on counts 3 and 4 (gross indecency and sexual assault regarding C.Y.)