Eric is a restaurant owner known to frequent a local adult entertainment club. He is married with one previous conviction of sexual assault. The victim, Sandra, recently began working as an exotic dancer, with an aspiration to pursue post secondary education.
On the evening of November 9th, Sandra began her shift and approached Eric sitting at the bar. Eric then bought Sandra and some of her coworkers some shooters. While conversing, Eric offered to take Sandra out for the night. While hesitant, Sandra eventually left the bar with Eric, intending to head to an event at the Westin Hotel, but instead went to another hotel. After several minutes of small talk, Sandra sat on the edge of the bed beside Eric, who began to kiss her on the lips and insert his fingers in her vagina under her dress despite resistance. Sandra eventually managed to leave the room and asked the first person she encountered to call police. This was all captured on surveillance footage at the hotel. She left before police arrived, but eventually met with a constable on the road to provide a statement. Eric was arrested in the hotel room and charged with sexual assault. Sandra went to the hospital and had a rape kit administered where Eric’s DNA was found in Terese’s vagina.
Result: Eric and Sandra had different versions of what happened. Eric proceeded to trial and was acquitted. He testified and was cross-examined. Ultimately, the complainant made several contradictions in cross-examination that undermined her credibility. In particular, Sandra told police at the scene a version that supported Eric’s version. The judge had a reasonable doubt about whether the sexual behaviour was consensual.
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