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R. v May, 2017 ONCJ 167 (Block J.)
Acquittal of accused of sexual assault and sexual interference. Accused 18 and complainant 13 - FASD diagnosis made accused unable to tell age through observation and he had been taught to ask as part of a system of straightforward rules of conduct for daily life and social interaction - complainant had history of lying about her age to hang out with older crowd - FASD relevant to whether all reasonable steps taken to determine the age of a sexual partner - Crown failed to prove beyond reasonable doubt that defendant intellectually capable of doing more than he did to ascertain complainant’s age