Fidel Castro, 42, was present in Windsor provincial court Feb. 12 to hear the judge's decision.
Judge Alan Tufts said he was unable to find, beyond a reasonable doubt, proof that the alleged victim was under 14 at the time sexual activity occurred and that the evidence didn’t prove the sexual activity was not consensual.
The charges stemmed from alleged assaults that occurred between 1997 and 2001 in Hantsport.
Both the complainant and accused had previously testified that there was sexual activity. At dispute was whether or not the complainant consented to the sexual activity.
Castro sat at the side of the courtroom while the judge read out his decision.
The complainant, who cannot be identified due to a publication ban, sat in the gallery.
Tufts said the complainant gave testimony during the trial that was at times vague and without context, moving aspects of the alleged assaults around. Tufts described some of the testimony as a “stream of consciousness.”
“She often generalized, using the phrase ‘he would have done,’ rather than ‘he did,’” Tufts said.
Tufts said the alleged victim remained a credible witness, but that a guilty verdict would have required further evidence and testimony to verify details.
Tufts also said the complainant may have embellished her testimony.
Tufts criticized aspects of Castro’s testimony as well, saying he didn’t believe that the complainant was 18 or 19 at the time the sexual activity occurred, as Castro had claimed. Tufts said the evidence shows that the complainant was likely…
Province: | Section : Local