R. v. Scherer

The judge found significant credibility frailties on both sides, concluded the Crown had not proved sexual touching beyond a reasonable doubt given doubts about the alleged continuous genital exposure (grooming) and the conflicting testimony, and ordered an acquittal.

Citation: 2024 BCSC 2333
Parties: Crown: Rex; Accused: Mark Scherer; Complainant: T.L.; Witness: J.M.; Witness: J.L.
Court: Supreme Court of British Columbia
Jurisdiction: Canada
Judgment Date: 30 July 2024
Procedural Posture: Criminal (sexual Touching S.151 Criminal Code) / Trial Judgment (acquittal)
Outcome: Acquitted
Legal Topics: Sexual Touching, Grooming, Credibility, Standard of Proof, Publication Restriction
Source Language: English

Criminal Law Evidence Sexual Offences Sexual Touching Grooming Credibility Standard of Proof Publication Restriction

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Rex

Crown

Mark Scherer

Accused

T.L.

Complainant

J.M.

Witness

J.L.

Witness

Procedural Posture

Criminal (sexual Touching S.151 Criminal Code) / Trial Judgment (acquittal)

Legal Issues

1 Whether the accused sexually touched the complainant contrary to s.151 Criminal Code
2 Whether the complainant or the accused is credible in an oath‑on‑oath case
3 Whether alleged habitual genital exposure constituted grooming and is reliable

Ratio Decidendi

Court Disposition

Acquitted

Orders

Accused acquitted of the charge contrary to s.151 of the Criminal Code
Publication restriction pursuant to s.486.4(1) of the Criminal Code applies indefinitely