R. v. R.K.K.

R. v. R.K.K.

The trial judge rejected the accused's evidence as not credible and accepted the complainant and A.S. on key points; on the evidence the Crown proved beyond a reasonable doubt that the accused intentionally penetrated the complainant without her consent (sexual assault) and that he threatened to disseminate a...

Source-derived case information.

Citation
2019 BCSC 1822
Parties
Crown: Regina; Accused: R.K.K.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 February 2019
Procedural Posture
Criminal / Trial Judgment
Outcome
Convicted on Count 1 (sexual assault) and Count 2 (extortion); Acquitted on Count 3 (uttering threats).
Legal Topics
Sexual Assault, Extortion, Uttering Threats, Intoxication Defence, Credibility Assessment, Publication Ban
Source Language
english
Criminal Law Sexual Assault Extortion Uttering Threats Intoxication Defence Credibility Assessment Publication Ban

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Parties

Regina

Crown

R.K.K.

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether complainant consented to sexual intercourse on October 18, 2015
  2. 2 Whether the accused extorted the complainant by threatening dissemination of intimate photographs
  3. 3 Whether the accused uttered threats to A.S. with requisite intent to intimidate or be taken seriously

Ratio Decidendi

The trial judge rejected the accused's evidence as not credible and accepted the complainant and A.S. on key points; on the evidence the Crown proved beyond a reasonable doubt that the accused intentionally penetrated the complainant without her consent (sexual assault) and that he threatened to disseminate a compromising photograph to coerce her (extortion); however, the Crown failed to prove beyond a reasonable doubt that the accused had the requisite intent to intimidate A.S. for uttering threats because his intoxication rendered formation of specific intent uncertain, resulting in acquittal on Count 3.

Court Disposition

Convicted on Count 1 (sexual assault) and Count 2 (extortion); Acquitted on Count 3 (uttering threats).

Orders

  • A publication ban imposed under Criminal Code s.486.4(2) restricting identification of certain complainants/witnesses indefinitely
  • Convictions entered on Counts 1 and 2; Count 3 acquittal recorded