Law360 Canada ( April 15, 2025, 1:32 PM EDT) -- Appeal by Crown from the trial court’s acquittal of the charge of transmission of sexually explicit material against the Respondent. The Respondent was a friend and co-worker of the minor complainant’s father. He invited the complainant to help train and care for his horse, which required frequent communication and long car rides together. The complainant alleged that the Respondent made sexually charged comments during these rides, sent sexually explicit messages and videos, and on two occasions, asked her to perform sexual acts. The Respondent faced three charges: sexual assault, invitation to sexual touching and transmitting sexually explicit material to a minor. The trial judge acquitted the Respondent on all counts due to reasonable doubt about the events and the Respondent’s mens rea. The Crown appealed only the acquittal related to the transmission of sexually explicit material. The trial judge had accepted that the Respondent sent the videos but doubted the Respondent’s intent to facilitate a sexual offence. The judge noted that the Crown failed to prove the identity of the person in the masturbation video and suggested that the Respondent’s actions might have been flirtatious rather than criminal. The Crown argued that the trial judge erred by requiring proof of the Respondent’s identity in the video and by misinterpreting the intent behind the Respondent’s actions. The Crown contended that the Respondent’s conduct, including sending explicit videos and making inappropriate comments, demonstrated an intention to groom the complainant for sexual acts, thus meeting the mens rea for the offence....