R. v. S.G.S.

R. v. S.G.S.

The trial judge accepted the complainant's evidence as credible and reliable on material points, rejected the accused's denial as uncertain and unreliable, and concluded the Crown proved beyond a reasonable doubt that the accused intentionally inserted bottles into the complainant's vagina without her consent and knew or was reckless about her non-consent; accordingly the accused was found guilty of sexual assault.

Citation
2024 BCSC 1471
Parties
Crown/prosecution: Rex; Accused/defendant: S.G.S.; Complainant: J.J.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 May 2024
Procedural Posture
Criminal Sexual Assault (s.271 Criminal Code) / Trial Judgment Rendered (guilty Verdict)
Outcome
Accused found guilty as charged (sexual assault)
Legal Topics
Sexual Assault, Consent, Credibility Assessment, W.(d.) Framework, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Consent Credibility Assessment W.(d.) Framework Publication Ban

Case Brief

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Parties

Rex

Crown/prosecution

S.G.S.

Accused/defendant

J.J.

Complainant

Procedural Posture

Criminal Sexual Assault (s.271 Criminal Code) / Trial Judgment Rendered (guilty Verdict)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused sexually assaulted the complainant by inserting bottles into her vagina without consent
  2. 2 Whether the complainant's evidence was credible and reliable
  3. 3 Whether the accused's denial raised a reasonable doubt

Ratio Decidendi

The trial judge accepted the complainant's evidence as credible and reliable on material points, rejected the accused's denial as uncertain and unreliable, and concluded the Crown proved beyond a reasonable doubt that the accused intentionally inserted bottles into the complainant's vagina without her consent and knew or was reckless about her non-consent; accordingly the accused was found guilty of sexual assault.

Court Disposition

Accused found guilty as charged (sexual assault)

Orders

  • Accused found guilty of sexual assault contrary to s.271 Criminal Code
  • Publication ban in place pursuant to s.486.4(2) Criminal Code