EVIDENCE - Witnesses - Credibility - Corroboration - Similar fact evidence - Limitations - Prior inconsistent statements

Law360 Canada (July 21, 2023, 5:58 AM EDT) -- Trial of accused, who was charged with four counts, two of sexual exploitation and two of sexual assault, stemming from alleged sexual acts involving complainant. During the period of the subject alleged offences, complainant was sixteen years of age. She was a Grade 10 student at a local high school where accused was a teacher. Together with his fellow teacher and colleague LT, accused taught music at all four grade levels. He was involved in running the school band and with other music related extra-curricular activities. Complainant enrolled in the elective music classes and was a member of the high school bands. Complainant recounted how she developed a special relationship with accused beginning in Grade 9. They had conversations about sex. They had consensual sex sometime after her 16th birthday. A year or two after these events, complainant confided these events to her best friend BR. Complainant then suffered alone and in isolation with her secret for almost 20 years before deciding to go to the police in 2021. Sometime after the alleged incidents, accused had attended at the complainant’s place of employment and apologized for what had happened between them. Complainant was overwhelmed and embarrassed; she replied with a quick “it’s fine” and returned to assisting other customers. In 2015 or 2016, complainant divulged details of the incidents to her parents. She did not provide her mother (hereinafter “KF”) any detail about where the incidents had taken place....
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