Law360 Canada (May 22, 2024, 10:30 AM EDT) -- Appeal by Crown from acquittal of Patel for sexual assault. There were only two central witnesses to the sexual activity: the complainant, GM, and Patel. There was no dispute that penile-vaginal penetration occurred. Patel testified it was consensual. GM said it was not. The only issue was whether the Crown had proven beyond a reasonable doubt GM had not consented. The trial judge ultimately did not find GM credible, and he found aspects of GM's testimony, taken with Patel’s denial, raised a reasonable doubt. He did not accept GM's evidence that she went blank and was in a state of disassociation about what was happening when she said she was guided by Patel to the bedroom. He rejected GM's claim that she was scared Patel had a knife. The trial judge found no basis for that claim. He concluded GM simply made this up as an explanation for how and why she went down the hallway with Patel. He found this significantly undermined GM's credibility. The Crown argued that the trial judge failed to consider the evidence as a whole and misapprehended the evidence....