Youth Justice Court
Decision Information
Summary: Complainant claims she partied with accused and his roommates at their apartment where she got very intoxicated. When she accidently locked herself in the bathroom her girlfriends asked the boys to help unlock the bathroom door and then left the party to call the police to assist. The boys cleaned up the apartment and went to bed believing that when the girl in the bathroom sobered up she would be able to let herself out. Complainant, however, alleges she was forced to have sex with two of the boys, made to shower and then allowed to leave. The boys claim that the complainant entered their bedroom naked, woke them up and they had consented sex. The Court found that the boys were unreliable witnesses. The court stated that reasonable doubt can still exist even if the witnesses are unreliable, but that the boys' evidence did not raise a reasonable doubt and that the Crown had proven its case beyond a reasonable doubt.
Abstract: Transcript of the reasons for judgment
Decision: Conviction stands. Pre-sentence report ordered
Subjects: Criminal law - Sexual offences - Sexual assault - Evidence
Criminal law - Evidence - Proof - Burden and onus of proof