Left with reasonable doubt, B.C. judge finds man not guilty of sexually assaulting his ex-girlfriend's 8-year-old daughter
A B.C. man has been found not guilty of sexually assaulting his ex-girlfriend’s daughter nearly a decade ago, when the girl would have been just eight years old.
The reasons are outlined in a recent B.C. Supreme Court decision, which refers to the parties only by their initials to protect the teenage complainant’s privacy.
The daughter, C.M., accused her mother’s ex-boyfriend, C.J.H., of sexually assaulting her on two occasions–something he fully denies.
“I am unable to determine who to believe and am therefore compelled to find that that there is a reasonable doubt,” Justice Jacqueline Hughes wrote in her ruling earlier this month, pointing to inconsistencies in C.M.’s evidence.
The complainant’s mother, E.H., was in a romantic relationship with the accused for nearly a decade until 2014, and had a biological child with him, referred to as O.H.
C.M. testified that C.J.H. “acted in a stepfather role” towards her during that time, the decision reads. But in 2012 or 2013, around Christmas, she alleges C.J.H. sexually assaulted her at E.H.’s home in Aldergrove.
C.M. didn’t report it to police until December 2020, when she was 16 years old.
At 18 years old, C.M. testified in court last month that C.J.H “moved her hand up and down his penis” during one incident. She says he also “licked her vagina” on another occasion around the same time.
The judge noted there were some discrepancies between C.M’s testimony and what she initially told police. She previously alleged that C.J.H. made her give him oral sex, and that both incidents may have occurred on the same day.
In addition, Hughes highlighted that while C.M. could not explain to police how C.J.H made her touch him, she testified at trial that he would call her into the bedroom to play a made-up “bum squeezes” game.
At trial, the Crown argued these inconsistencies were due to the lapse in time and a child’s ability to remember childhood events.
C.M. said the differences between her accounts were due to the fact that her memory improved after years of therapy, according to the decision.
Hughes, however, found that the inconsistencies between accounts of only two incidents were “not merely peripheral or attributable to her young age at the relevant time.”
C.J.H., who is 44 years old, denies ever sexually touching C.M., and testified that he considered “to be like his own daughter.”
The accused suggested in court that the complaints were related to a custody battle over O.H., which has been an issue between E.H. and C.J.H. since 2019.
According to the decision, C.J.H. wants 50 per cent custody of his son, and has not been allowed him to see since last October.
“C.J.H. also notes C.M. was aware of the custody dispute at the time the allegations were made, wanted O.H. to stay with her and E.H., wanted to help E.H. however she could, knew that if convicted C.J.H. would go to jail, and if that happened, E.H. would get custody of O.H.,” Hughes wrote in her decision.
Hughes wrote in her decision that she can’t conclude those factors led C.M. to fabricate allegations against C.J.H., but she also can’t conclude they didn’t.
“This is not to say that I do not believe C.M.; rather, given the inconsistencies in her evidence, I am not confident that I can accept the Crown’s version of events,” the judge wrote.
As a result, Hughes found C.J.H not guilty on both counts.
CTVNews.ca Top Stories
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
How to avoid the trap of becoming 'house poor'
The journey to home ownership can be exciting, but personal finance columnist Christopher Liew warns about the trappings of becoming 'house poor' -- where an overwhelming portion of your income is devoured by housing costs. Liew offers some practical strategies to maintain better financial health while owning a home.
Toxic forever chemicals in drinking water: Is Canada doing enough?
As the United States sets its first national limits on toxic forever chemicals in drinking water, researchers say Canada is lagging when it comes to regulations.
'A living nightmare': Winnipeg woman sentenced following campaign of harassment against man after online date
A Winnipeg woman was sentenced to house arrest after a single date with a man she met online culminated in her harassing him for years, and spurred false allegations which resulted in the innocent man being arrested three times.
Some customers steaming after McDonald's ends free hot drink sticker program
It took years for Vinnie Deluca to collect more than 400 cards worth of free McDonald's McCafe coffee, a collection that now has "zero value" after the company discontinued the program.
Biden scores endorsements from Kennedy family, looking to shore up support against Trump and RFK Jr.
U.S. President Joe Biden will accept endorsements from at least 15 members of the Kennedy political family during a campaign stop in Philadelphia on Thursday as he aims to undermine Donald Trump and marginalize the candidacy of Robert F. Kennedy Jr.
Where did the gold go? Crime expert weighs in on unfolding Pearson airport heist investigation
Almost 7,000 bars of pure gold were stolen from Pearson International Airport exactly one year ago during an elaborate heist, but so far only a tiny fraction of that stolen loot has been found.
When new leaders took over in ancient Maya, they didn't just bury the former royals. They burned their bodies in public
New archeological investigations in Guatemala reveal that the ancient Maya people had a ritual of burning royal human remains as a public display of political regime change.
Party's over: Coyotes play final game as Arizona franchise before move to Salt Lake City
Mullett Arena buzzed like few times in the two years since the Arizona Coyotes moved in, the fans amped for one last desert hurrah.