R. v. KAM844

R. v. KAM844

The Crown failed to prove the offence beyond a reasonable doubt because objective corroborative evidence (female roommate's testimony that both roommates were present and that no noises were heard from the bedroom) and material inconsistencies in the complainant's accounts created significant reasonable doubt as to whether the sexual activity was non‑consensual; accordingly the accused is acquitted.

Citation
2025 BCSC 1863
Parties
Crown: Rex; Accused: KAM844; Complainant: Complainant (anonymized)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 September 2025
Procedural Posture
Criminal Sexual Assault / Trial Judgment
Outcome
Not guilty
Legal Topics
Sexual Assault, Consent, Reasonable Doubt, Credibility Assessment, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Consent Reasonable Doubt Credibility Assessment Publication Ban

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Parties

Rex

Crown

KAM844

Accused

Complainant (anonymized)

Complainant

Procedural Posture

Criminal Sexual Assault / Trial Judgment

Legal Issues

  1. 1 Whether the sexual activity was consensual
  2. 2 Whether the Crown proved actus reus and mens rea beyond a reasonable doubt
  3. 3 Assessment of credibility and reliability of complainant and accused

Ratio Decidendi

The Crown failed to prove the offence beyond a reasonable doubt because objective corroborative evidence (female roommate's testimony that both roommates were present and that no noises were heard from the bedroom) and material inconsistencies in the complainant's accounts created significant reasonable doubt as to whether the sexual activity was non‑consensual; accordingly the accused is acquitted.

Court Disposition

Not guilty

Orders

  • Accused KAM844 acquitted of the charge of sexual assault contrary to Criminal Code s.271
  • Mandatory publication ban imposed under Criminal Code s.486.4 against publication, broadcast, or transmission of evidence that could identify a complainant or witness, applied indefinitely