— C.R.’s testimony that she had no romantic interest in the
appellants is consistent with the fact that they were more
than twice her age, her parents’ friends and virtual strangers.
— The fact that C.R. left the trailer in the morning without her
iPhone is consistent with her evidence that she woke up in
a state of confusion and was anxious to leave the trailer.
— C.R.’s parents’ evidence that she was unusually quiet on the
drive home is consistent with C.R.’s evidence that she was
still “hungover” and in a state of shock and confusion.
— C.R.’s decision to talk to her aunt about the incident the day
after the alleged sexual assault is consistent with the behaviour of someone who has undergone a traumatic incident and
requires guidance from an adult. Further, this decision is
inconsistent with someone who has voluntarily engaged in
— C.R. explained she did not immediately report the incident
in the morning because she was afraid it would result in
a physical confrontation between her stepfather and the
appellants. This fear was supported by evidence at trial that
C.R.’s stepfather punched a fence multiple times after learning about the incident.
— C.R.’s fears that she might be pregnant or might have
contracted a sexually transmitted infection support her
evidence that she did not plan to engage in sex with the
 In contrast, the trial judge, at para. 54, found G.F.’s
evidence to be “riddled with inconsistencies”, including:
— G.F.’s denial about his sexual interest in C.R. is contra-
dicted by his zoomed in video recording of C.R. when the
top half of her bathing suit came off; telling C.R.’s mother
he thought C.R. was “cute” and would revisit his relation-
ship with her when she turned 18; his sexual comments
toward and about C.R.; asking C.R. in the trailer if she had
kissed R.B. yet; and engaging in a discussion with C.R.
about her love life.
— G.F.’s denial that he was in a state of heightened sexual
arousal throughout the weekend is contradicted by evidence
of comments he made caught on his video camera.
— G.F.’s denial of an agreement for C.R. and her brother to
sleep in the trailer on Sunday night is contradicted by the