R. v. T.K.B.

R. v. T.K.B.

Trial judge accepted the complainant as credible and reliable, applied W(D) and relevant sexual‑offence jurisprudence, and found beyond a reasonable doubt that specific incidents (bra strap snapping incidents, pinching and blanket attempt, and the face/neck licking with sexual language) were sexual in context and violated the complainant’s sexual integrity, thereby proving sexual touching (s.151) and sexual assault (s.271); other incidents were found to be non‑sexual assaults or lacked sexual context.

Citation
2021 NSSC 221
Parties
Crown: Her Majesty the Queen; Accused: T.K.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 July 2021
Procedural Posture
Criminal / Decision on Trial
Outcome
Guilty on one count of sexual touching (s.151) and one count of sexual assault (s.271)
Legal Topics
Sexual Touching, Sexual Assault, Credibility and Reliability, Prior Consistent Statements (recent Fabrication), Browne V Dunn, W(d) Analysis, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Law Sexual Touching Sexual Assault Credibility and Reliability Prior Consistent Statements (recent Fabrication) Browne V Dunn +2 more

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Parties

Her Majesty the Queen

Crown

T.K.B.

Accused

Procedural Posture

Criminal / Decision on Trial

Legal Issues

  1. 1 Whether the accused committed sexual touching contrary to s.151 Criminal Code
  2. 2 Whether the accused committed sexual assault contrary to s.271 Criminal Code
  3. 3 Whether the touching was for a sexual purpose or in a sexual manner

Ratio Decidendi

Trial judge accepted the complainant as credible and reliable, applied W(D) and relevant sexual‑offence jurisprudence, and found beyond a reasonable doubt that specific incidents (bra strap snapping incidents, pinching and blanket attempt, and the face/neck licking with sexual language) were sexual in context and violated the complainant’s sexual integrity, thereby proving sexual touching (s.151) and sexual assault (s.271); other incidents were found to be non‑sexual assaults or lacked sexual context.

Court Disposition

Guilty on one count of sexual touching (s.151) and one count of sexual assault (s.271)

Orders

  • Conviction entered for offences contrary to s.151 and s.271 Criminal Code
  • Restriction on publication pursuant to ss.486.4 and 486.5 of the Criminal Code