R. v. Li

R. v. Li

Applying the criminal law elements, the court acquitted on counts regarding TL and KR where the Crown failed to prove beyond a reasonable doubt that the touching was sexual or that the accused intentionally committed sexual touching; the court convicted on the count concerning CF because the evidence established beyond a reasonable doubt that the accused massaged and touched CF's external genitalia (including the clitoris) and breasts, that the touching was sexual in context, that CF did not subjectively consent because the acts were presented as medical diagnosis/treatment (fraud/misrepresentation of the act's sexual nature), and that the accused knew or was wilfully blind to the absence...

Citation
2024 NSPC 58
Parties
Crown: His Majesty the King; Accused: Xiao Han Li
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 March 2024
Procedural Posture
Criminal Sexual Assault / Trial Judgment (provincial Court Decision)
Outcome
Accused found guilty of Count 2 (sexual assault of CF). Accused found not guilty of Count 1 (TL) and Count 3 (KR).
Legal Topics
Sexual Assault, Consent (subjective and Legal), Fraud Vitiating Consent, Scope of Practice, Medical/diagnostic Touching, Evidence and Credibility, Notetaking and Document Alteration, Draping and Privacy
Source Language
English
Criminal Law Sexual Offences Health Regulation Professional Standards Sexual Assault Consent (subjective and Legal) Fraud Vitiating Consent Scope of Practice +4 more

Case Brief

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Parties

His Majesty the King

Crown

Xiao Han Li

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment (provincial Court Decision)

Legal Issues

  1. 1 Did the accused intentionally touch the complainants in the manner alleged?
  2. 2 Was the touching objectively sexual in all or part of the incidents?
  3. 3 Did the complainants subjectively consent and was that consent legally valid or vitiated by fraud or mistake?

Ratio Decidendi

Applying the criminal law elements, the court acquitted on counts regarding TL and KR where the Crown failed to prove beyond a reasonable doubt that the touching was sexual or that the accused intentionally committed sexual touching; the court convicted on the count concerning CF because the evidence established beyond a reasonable doubt that the accused massaged and touched CF's external genitalia (including the clitoris) and breasts, that the touching was sexual in context, that CF did not subjectively consent because the acts were presented as medical diagnosis/treatment (fraud/misrepresentation of the act's sexual nature), and that the accused knew or was wilfully blind to the absence...

Court Disposition

Accused found guilty of Count 2 (sexual assault of CF). Accused found not guilty of Count 1 (TL) and Count 3 (KR).