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23-year-old not guilty of sexual assault

Sep 28, 2017 | 5:00 PM

A young man charged with sexual assault and sexual interference was found not guilty this afternoon at the conclusion of a two-day trial.

Only two witnesses were heard during the trial, though both of their identities are protected by publication ban. Yesterday the 16-year-old complainant alleged the man had molested her and pressured her into sex on several occasions in 2014. The accused took the stand himself this morning, and flatly denied the allegations against him.

After retiring for 30 minutes to consider his verdict, Queen’s Bench Justice R.W. Danyliuk found the man not guilty on all counts.

In his decision Danyliuk said he found inconsistencies in the testimony of both parties, though he did not believe either was overtly lying. Danyliuk said the testimony of the accused was enough to create a reasonable doubt about his guilt, which necessitated an acquittal.

The judge said a number of high-profile cases have led some to suggest anyone who claims to have been the victim of a sexual crime should be believed unconditionally, without giving the accused the benefit of a fair trial.

“In my view, that is wrong,” Danyliuk said. “To blindly accept any allegation would be foolhardy.”

Although Danyliuk said the evidence led him to find the young man not guilty, he emphasized that an acquittal is not the same thing as a declaration of innocence. A verdict of not guilty, he said, simply means the Crown has not proven their case beyond a reasonable doubt.

 

Taylor.macpherson@jpbg.ca

On Twitter: @TMacPhersonNews