Sexual assault trial. Allegation involved fondling of breasts and digital penetration. Accused was an acquaintance of the complainants. Accused did not testify at trial, but relied upon a text from the complainant stating: “If I showed any sexual actions toward you, I didn’t mean to.”

Held: Conviction entered.

There is no such thing as implied consent. The complainant clearly articulated a lack of consent by repeatedly saying “no” and “stop”. Given that the accused did not testify, there was no evidence before the court that the accused had a subjective and honest belief in consent. “As the Supreme Court says, ‘no’ means ‘no’”.

D. Gibson – Defence Counsel