Facts: Frank is a 69 year old with no criminal record. During the early 1970’s, he was living in a small town, and would occasionally have visits from out-of-town family. On three separate occasions between 1970 and 1976, his sister and niece visited. On these visits, it was alleged that Frank inappropriately touched his then 4 or 9 year old niece’s vagina. The incidents were brought to the attention of her mother and other family members at the time, and again in the 1990’s. Frank repeatedly denied the incidents occurred. The now adult accuser, living in western Canada, brought the allegations forward again in 2018, and Frank was charged with indecent assault.
During the course of a 4 day trial, various witnesses testified, including the complainant and Frank. The credibility of Frank, the complainant and other witnesses was not questioned by the judge. However, it was found that the Crown had failed to meet the burden of proof required of them. Frank was ultimately acquitted on all charges.