J.M.H. v. Her Majesty the Queen – May 19, 2011
J.M.H. is appealing the Ontario Court of Appeal’s decision to overturn his acquittals on sexual assault charges and to order a new trial.
The complainant S.A. is J.M.H.’s younger cousin, who alleges that he had sexual intercourse with her on two occasions without her consent. S.A. was 17 years old at the time of the incidents in 2006 and on both occasions she had spent the night in the appellant’s apartment.
While the trial judge found that the Crown had proven sexual intercourse had occurred, he had reasonable doubt on the issue of consent. S.A. had written a poem about the first incident and it is the trial judge’s interpretation of the poem that is the focus of this appeal.