What is the test for assessing exculpatory evidence in a sexual assault trial?

It may be helpful to step back and consider the message intended to be delivered. In short, it is that when assessing exculpatory evidence jurors should understand that they have three choices, not two: they may accept the evidence, they may reject it, or they may find themselves unsure whether the evidence is true or false. In other words, there is a “third alternative” to confident acceptance or confident rejection and if they find themselves in this middle ground that usually means they have a reasonable doubt that must benefit the accused. In R v. Edwards, 2012 ONSC 3373 at para 20, Code J. observed: [T]he so-called “second branch” of W(D) … is an “alternative” to complete belief or complete rejection and arises where a trier cannot “resolve the conflicting evidence” and cannot find “exactly where the truth of the matter lay”, as Morden J.A. and Martin J.A. put it in Challice and in Nimchuk. It refers to a state of indecision or uncertainty where the trier is not “able to select one version in preference to the other”, as Cory J. put it in W.D.S. [...]