What is the defence relying on in the context of sexual assault cases?

[59] Given the medical condition of the accused and age of the accused, defence also relies on Regina v. S.W., [1998] O.J. 2867 ONCA. This accused was convicted of three counts of indecent acts that occurred 20 and 30 years before. His conviction appeal was unsuccessful but his nine-month jail sentence was converted on appeal to a conditional sentence because he was 68, had serious medical problems, his wife was dependent upon him, and he was not seen as a danger to the community.