WARNING: This article contains information regarding child sexual assault allegations and may not be appropriate for all readers.
A judge in Nanaimo has ruled that a man who was accused of the sexual assault of a seven-year-old is not guilty.
The accused was found not guilty of sexual interference of a person under 16 years old, invitation to sexual touching of a person under 16 and sexual assault by justice Douglas Thompson in B.C. Supreme Court in Nanaimo on Thursday, Aug. 21.
The alleged incidents took place between November 2021 and July 2022 when the accused had been taking care of the child. They would play video games and the judge described the girl as "a fidgeter" who would move around on and off the accused's knee.
She accused him of kissing her buttocks and licking her genitals, according to the judge, while the accused denied any sexual touching at any time.
Citing case law, the judge said it was important to consider the credibility of a witness in terms of "their inclination to tell the truth and their reliability … to recount facts accurately, which is grounded in their ability to observe, recall and recount what happened." However, he said there were some issues with the accuser's testimony, referring to it as inconsistent.
The judge said the girl testified about the use of a vibrating device in the assault, including when other people were sitting nearby, which he said was "implausible."
A relative had relayed their own childhood sexual abuse experiences to the child, and the judge said this may have had some bearing on the accusations. The relative hadn't reported the abuse, but did have "flashbacks and memories that would come back to her." The girl had been talking with the relative prior to a final interview with police.
"[She] testified that she had been using her imagination to picture things that had happened with the accused, and thought about some of the things her [relative] had said that happened to her," said the judge.
Again citing a similar case, the justice said "the reliability of a witnesses account can be undermined, not only by deliberate collusion … but also by the influence of hearing other people's stories, which can tend to colour one's interpretation of personal events or reinforce a perception … Where other's stories have [been] shared, close examination to determine what impact the innocent sharing of information may have had on the evidence is in order."
While not criticizing the relative for "empathetic disclosures" to the girl, or the timing, the judge said it is plausible that the "[relative's] narrative was at least in part adopted by [the plaintiff] whether consciously or subconsciously."
"My impression is that her evidence is an amalgam of her own memories mixed with pictures that she's brought to mind, some of which have changed over time, and some of which have become clear over time as she's spoken with adults," he said. "Some of these … may have merged with the narrative of her [relative]."
Having considered the accused's evidence, along with other evidence, "the presumption of innocence has not been displaced," the judge ruled.
Both Tania Holland, crown counsel, and Tom Forss, defence counsel, declined requests for comment.
