Ontario Court of Appeal Overturns Sexual Assault Conviction in R. v. A.K.H., Orders New Trial

If you have been charged with sexual assault or need to appeal a conviction, this case shows how mistakes made by a judge can lead to a new trial. The Ontario Court of Appeal overturned a sexual assault conviction after finding that the trial judge made serious errors when considering evidence, which affected the fairness of the trial.

What Happened in This Case?

• The accused, A.K.H., was convicted of sexual assault after his former partner claimed that he forced himself on her despite her saying no.
• The only issue at trial was whether the sexual contact was consensual or forced.
• The judge believed the complainant and found the accused guilty.
• However, the accused appealed the conviction, arguing that the judge misunderstood important evidence.

What Mistakes Did the Judge Make?

1. Photos of Bruising Were Misunderstood

• The complainant provided photos showing bruises on one of her buttocks.
• The judge mistakenly thought there were bruises on both buttocks.
• The accused had admitted to slapping the complainant’s right buttock (claiming it was part of consensual rough sex), but denied hitting her left buttock.
• The judge used the mistaken belief that there were bruises on both sides to say the accused was lying.
• In reality, one of the photos was taken in a mirror, which made it look like the bruises were on different sides.
• The appeal court found that this major mistake made the trial unfair.

2. The Accused’s Words Were Misunderstood

• The day after the incident, the accused and complainant had a conversation in a park.
• The complainant said the accused apologized and admitted that what he did was wrong.
• The accused said that he never admitted to sexual assault—he only told the complainant that he was uncomfortable with how rough the sex had been.
• The trial judge misunderstood the accused’s words and treated them like a confession to rape.
• The appeal court said this was a serious mistake because the accused never actually admitted guilt.

3. Unfair Cross-Examination

• At trial, the prosecutor used the incorrect photos to attack the accused’s credibility.
• The accused was questioned based on the false idea that there were bruises on both buttocks.
• Since the photos actually only showed bruises on one side, this questioning was unfair.

What Was the Outcome?

• The Court of Appeal overturned the conviction and ordered a new trial.
• The court said that because the trial judge misunderstood key evidence, the accused did not get a fair trial.
• The case will now go back to court, and the accused will get another chance to defend himself.

What This Means for You

If you are charged with sexual assault (Criminal Code s. 271) or have been wrongfully convicted, this case shows that judges can make mistakes, and those mistakes can affect the outcome of a trial.

A strong criminal defence lawyer can help:

• Challenge unfair convictions
• File an appeal if the judge made errors
• Defend against false accusations

If you need help with a sexual assault charge or appeal, contact a Toronto criminal lawyer who can fight for your rights.