Client found not guilty of sexual assault and assault after trial by a judge alone. Complainant and accused had been in an on/off relationship. Complainant stated she went to the accused’s house to pick up some of her belongings. She claimed that when she was in the bedroom the accused grabbed her, threw her on the bed, and had forced intercourse with her. The next day she received a text message from the accused apologizing and saying he would rather make slow passionate love to her. The day after that, the complainant again came to the accused’s house to drop off some bed sheets and pick up more items. While there she said the accused flew into a rage and assaulted her. He also threatened to throw the rest of her stuff out in the yard if she did not take it all. The complainant attended at the police station to ask about her stuff and to report the incident. The accused testified that the intercourse was consensual, that the apology was because he ejaculated quickly, and that he pushed the complainant on the second day because she was hitting him.
HELD: Trial judge had a reasonable doubt based on the testimony of the accused and credibility concerns respecting inconsistencies in the complainant’s testimony and previous statements.