Former Windsor Spitfires Forward Ben Johnson is not guilty of sexual assault after an incident at a bar, back in the winter of 2013.
Justice Micheline Rawlins determined that he and the complainant were in fact in a men's washroom stall together at the Krooked Kilt that January night, but couldn't say beyond a reasonable doubt that there was any forced sexual touching.
"In no way, even at the highest of her evidence, did she say Mr. Johnson was acting aggressively -- perhaps inappropriately, but certainly not, in any way, aggressively," says Defence Lawyer Evan Weber.
The fact that both parties were intoxicated during the incident was also a factor in whether or not Rawlins could trust one testimony over another.
Johnson is still facing one count of sexual assault in relation to a separate 2013 matter, which took place at Mynt nightclub.
The 21-year-old split time playing hockey between the AHL and ECHL last season, for the Albany Devils and Orlando Solar Bears, after being drafted by the New Jersey Devils in 2012.
