R. v. Maessen

R. v. Maessen

The Crown failed to prove beyond a reasonable doubt that Marcel Maessen touched J.M. in a sexual manner or for a sexual purpose; credibility and reliability issues and material inconsistencies left the judge not sure whether the accused committed the charged acts, requiring acquittal under the reasonable doubt standard.

Citation
2020 NSSC 256
Parties
Crown: Her Majesty the Queen; Accused: Marcel C.W. Maessen; Complainant: J.M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 September 2020
Procedural Posture
Criminal Sexual Offences / Trial Verdict (acquittal)
Outcome
Not guilty (acquittal)
Legal Topics
Sexual Assault, Sexual Interference, Consent, Credibility Assessment, Reasonable Doubt
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Sexual Interference Consent Credibility Assessment Reasonable Doubt

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Parties

Her Majesty the Queen

Crown

Marcel C.W. Maessen

Accused

J.M.

Complainant

Procedural Posture

Criminal Sexual Offences / Trial Verdict (acquittal)

Legal Issues

  1. 1 Did the accused touch the complainant in a sexual manner (actus reus of sexual assault)?
  2. 2 Was any touching for a sexual purpose within s.151 (sexual interference)?
  3. 3 Did the Crown prove mens rea (intent to touch and knowledge/recklessness regarding lack of consent)?

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that Marcel Maessen touched J.M. in a sexual manner or for a sexual purpose; credibility and reliability issues and material inconsistencies left the judge not sure whether the accused committed the charged acts, requiring acquittal under the reasonable doubt standard.

Court Disposition

Not guilty (acquittal)

Orders

  • Accused acquitted of sexual assault and sexual interference
  • Publication restrictions pursuant to Criminal Code ss.486.4 and 486.5