Where a former standing relationship of care, supervision or authority (such as teacher-student) has ended, temporal proximity to the former relationship and specific exercises of authority proximate to the charged conduct may support a finding that the requisite relationship existed at the time of the offending, even where the same relationship is found not to exist at a later date. The waning effect of a former relationship over time, combined with intervening events such as a break in contact initiated by the complainant, may provide a logical and reasonable basis for distinguishing between verdicts on charges at different dates. However, the dissent raises the unresolved question of whether evidence of the kind relied upon (intimate communications, acting against parental wishes, a photograph, and a letter drafted by the accused) is capable in law of establishing an ad hoc relationship of care, supervision or authority after the formal relationship has ended.
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