A High Court judge has directed a not guilty verdict for a man accused of having sex with an intellectually disabled woman, ruling that prosecutors failed to prove she met the legal definition of “mentally subnormal.”

Justice Rajiv Persaud upheld a no-case submission by defense attorney Sherfield Bowen, finding that the Crown did not present qualified expert evidence to establish the statutory threshold of significant intellectual and social impairment.

Although the complainant’s mother described developmental delays and an educational assessment specialist testified that cognitive testing placed the woman’s abilities at the level of a four- or five-year-old, the judge noted the witness was not a psychologist and could not make a clinical diagnosis.

Justice Persaud ruled that the issue required expert testimony and could not properly be left to a jury without it. He directed a not guilty verdict. Prosecutors have indicated they intend to appeal.

The case stemmed from an alleged 2022 incident involving a man who had been a frequent visitor to the complainant’s home.