Sexual assault trial. Accused testified, but his evidence did not give rise to a reasonable doubt. However, the Court had concerns about the reliability / credibility of the complainant’s evidence given his “admission of memory issues and perception problems as a consequence of his addiction to methamphetamine”.
Held: Acquitted.
“It is essential that the rights of the complainant be respected … and that decisions not be based on outmoded or stereotypical ideas about how victims of assault will or will not behave. However, the focus of a criminal trial is not the vindication of the complainant. The focus must always be on whether or not the alleged offence has been proven beyond a reasonable doubt”: Nyznik, 2017 ONSC 4392.
J. Ouellette – Defence Counsel