R. v. S.R., 2017 BCPC - Judge Gaffar
Cases of Note / 01.10.2017
Innocent touching of sexual area or contact while bathing, as long as such touching is not for a sexual purpose, would not qualify as sexual interference.
I am unable to accept that S.R.’s evidence is less reliable than (complainant’s).
On the whole of the evidence, S.R.’s evidence leaves me with a reasonable doubt. I have a reasonable doubt whether the touching was for a sexual purpose…I do not accept S.R.’s evidence regarding the conduct but it does leave doubt whether he sexually assaulted. I have a reasonable doubt whether the touching was done in sexual manner. I must find him not guilty of sexual assault.