The judge said she didn’t find the defendants evidence to be credible, reports The Vancouver Sun. Three experts testified.

The judge noted that experts who testified at trial said that if the court found that Antonius had interacted with the victim in a sexual way before going to sleep, it could mean that he in fact did not go to sleep before the sexual intercourse.

The touching of the victim ultimately weighed against his claim that his actions were involuntary but did not rule it out entirely, said the judge.