A three-member Alberta Court of Appeal panel rejected defence suggestions Timothy Everett Rahm's deception was improperly used by the trial judge as evidence of bad character.

Lawyer Alias Sanders argued Justice James Langston erred by finding Rahm obtained the woman's consent to sex through fraud and was guilty based on his own story to police. But appeal Justice Carole Conrad noted Langston ruled the victim would not have fallen for it, so her claim Rahm forced her at knifepoint was believable.

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