Justice Herbert Rempel thought that the accused man may have exaggerated his "flamboyance" but was convinced that he is gay nonetheless.
"He made a point of testifying he was a flamboyantly gay man or effeminate and this was obvious in his opinion to any neutral observer," Rempel said. "He went on to state the thought of having sexual relations with a female revolted him."
The alleged victim testified that the accused man told her during a party that he was bisexual and that she later awoke to find him having sex with her.
"It strikes me as passing strange that he would make this admission in the presence of his new boyfriend and several family members of his estranged lover," Rempel said.
According to Rempel, the woman had trouble testifying when she was asked about a "mystery man" that was seen in her bedroom.
A medical examination of the woman detected semen but it was not a match for the DNA of her roommate.