R. v. Charlebois

R. v. Charlebois

The court accepted the complainant's contemporaneous 1:43 a.m. video and testimony that she went to bed alone, passed out, and awoke to the accused having vaginal intercourse with her; it rejected the accused's account as inconsistent and self-serving, found the accused knew or was wilfully blind that she was not consenting because she was asleep, concluded there was no air of reality to a mistake of fact defence, and therefore the Crown proved actus reus and mens rea of sexual assault beyond a reasonable doubt.

Citation
2025 BCSC 1896
Parties
Crown: Rex; Accused: Dalton Charlebois; Complainant: V.S.; Witness: Briony Drummond; Witness: Josh Erwin
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 September 2025
Procedural Posture
Criminal Sexual Assault / Trial Judgment (conviction)
Outcome
Accused found guilty on Count 1 (sexual assault)
Legal Topics
Sexual Assault, Consent, Capacity to Consent, Mistake of Fact (honest But Mistaken Belief), Credibility Assessment, Admissibility of Prior Sexual Activity (s.276), Publication Ban
Source Language
English
Criminal Law Evidence Sexual Offences Sexual Assault Consent Capacity to Consent Mistake of Fact (honest But Mistaken Belief) Credibility Assessment +2 more

Case Brief

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Parties

Rex

Crown

Dalton Charlebois

Accused

V.S.

Complainant

Briony Drummond

Witness

Josh Erwin

Witness

Procedural Posture

Criminal Sexual Assault / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether complainant consented to sexual activity
  2. 2 Whether complainant had capacity to consent (intoxication/sleep)
  3. 3 Whether accused held requisite mens rea or had honest but mistaken belief in communicated consent

Ratio Decidendi

The court accepted the complainant's contemporaneous 1:43 a.m. video and testimony that she went to bed alone, passed out, and awoke to the accused having vaginal intercourse with her; it rejected the accused's account as inconsistent and self-serving, found the accused knew or was wilfully blind that she was not consenting because she was asleep, concluded there was no air of reality to a mistake of fact defence, and therefore the Crown proved actus reus and mens rea of sexual assault beyond a reasonable doubt.

Court Disposition

Accused found guilty on Count 1 (sexual assault)

Orders

  • Guilty verdict entered on Count 1 (sexual assault contrary to s.271 Criminal Code)
  • Publication ban under Criminal Code s.486.4 restricting publication, broadcasting or transmission of evidence identifying complainant V.S., imposed indefinitely