CRIMINAL CODE OFFENCES - Sexual assault - Consent - Honest but mistaken belief

Law360 Canada (January 4, 2023, 6:43 AM EST) -- Trial of the defendant charged with two counts of sexual assault against the same complainant. The first charge related to events dated November 15, 2014 and the second was dated January 1, 2021. The defendant was 31 years old and the complainant was 30 years old. They considered their friendship to be special, but it was not an intimate relationship. The complainant’s sister was married to a man identified as AM. The events in question occurred at the home of AM. The group spent the evening watching television and playing games. The defendant and complainant consumed alcohol. The complainant and defendant sat on a couch. Eventually, the complainant fell asleep on the couch while others were still in the room. After midnight, AM and the complainant’s sister went to bed upstairs. The defendant also fell asleep on the couch. The complainant awoke in the early hours to find the defendant sexually assaulting her. The complainant insisted that on the night in question she awoke with the defendant trying to finger her. The allegation with respect to 2014 was dismissed and could be dealt with summarily....
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