CRIMINAL CODE OFFENCES - Sexual offences - Sexual interference - Consent

Law360 Canada ( July 14, 2025, 2:52 PM EDT) -- Appeal by appellants from their convictions for sexual assault and sexual interference. A 15-year-old complainant (X) alleged she was sexually assaulted by the appellants at one of their homes after she ran away from home. The appellants testified the sexual activity was consensual, describing it as a “threesome.” X’s friend (B) received text messages from one of the accused using terms like “trained” and “battried” to describe the incident. In closing, the Crown suggested these terms meant non-consensual sex, contradicting evidence they meant “threesome.” The appellants contended that the trial judge erred in the following: in jury instructions by failing to provide corrective instructions regarding the Crown’s closing address and use of terms like “running a train”; in summarizing the evidence for the jury; and in limiting defence questioning to rebut an alleged suggestion of recent fabrication by the Crown....
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