Appeal Of $24K Damages Award Against Assault Complainant

A Niagara woman is appealing a judgement requiring her to pay almost $24,000 to her ex-boyfriend who she says sexually assaulted her. The woman reported to the police that she was sexually assaulted by her ex-boyfriend while they were dating.

The case stemmed back to an incident in March 2011 when the woman and her boyfriend of eight months argued over a peach stain on the comforter on his bed. He says it was a jam stain; she thought it was lipstick. There was sexual contact which he says was consensual and she says was forced. The police investigated and decided there was enough evidence to lay criminal charges against the ex-boyfriend. However, after a judicial pre-trial the Crown Attorney dropped the charges before the trial. This often happens when the Crown Attorney feels there is no reasonable prospect of obtaining a conviction at trial.