R. v. J.D.E.

R. v. J.D.E.

On the evidence as a whole the complainant did not consent, the accused's asserted belief in consent lacked an air of reality, and the accused's contemporaneous police statement and Facebook posts corroborated the complainant's account; therefore the Crown proved sexual assault beyond a reasonable doubt.

Citation
2019 BCSC 202
Parties
Crown: Regina; Accused: J.D.E.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 January 2019
Procedural Posture
Criminal Sexual Assault / Trial Judgment (conviction)
Outcome
Guilty of sexual assault
Legal Topics
Sexual Assault, Consent, Mistaken Belief in Consent, Credibility Assessment, Extrajudicial Statements (social Media, Police Interview)
Source Language
English
Criminal Law Sexual Assault Consent Mistaken Belief in Consent Credibility Assessment Extrajudicial Statements (social Media, Police Interview)

Case Brief

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Parties

Regina

Crown

J.D.E.

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment (conviction)

Legal Issues

  1. 1 Did the complainant voluntarily consent to the sexual activity?
  2. 2 Did the accused honestly but mistakenly believe there was consent?
  3. 3 What weight to afford the accused's police statement and Facebook posts?

Ratio Decidendi

On the evidence as a whole the complainant did not consent, the accused's asserted belief in consent lacked an air of reality, and the accused's contemporaneous police statement and Facebook posts corroborated the complainant's account; therefore the Crown proved sexual assault beyond a reasonable doubt.

Court Disposition

Guilty of sexual assault

Orders

  • Conviction entered for sexual assault contrary to s.271 Criminal Code of Canada
  • Restriction on publication pursuant to s.486.4 Criminal Code of Canada