What is the test for a plaintiff to satisfy the first element of a sexual assault charge?
Ontario, Canada
The following excerpt is from G.C. v. Ontario (Attorney General), 2014 ONSC 455 (CanLII):
For the plaintiff to satisfy the second element, the prosecution must have terminated in the plaintiff's favour. This requirement may be satisfied in a variety of ways including acquittal, a discharge at a preliminary hearing, a withdrawal, a stay, and sometimes by a settlement or a plea bargain: Miazga v. Kvello Estate, supra at para. 54.
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