The Crown is appealing the acquittal of a Halifax cab driver accused of sexually assaulting a woman who was found intoxicated, unconscious and partially naked in his car.
Judge Gregory Lenehan found 40-year-old Bassam Al-Rawi not guilty last Wednesday.
He ruled that the Crown failed to prove beyond a reasonable doubt that the woman did not consent to sexual activity.
Denise Smith, deputy director of the province's Public Prosecution Service, says there is a solid basis for an appeal.
The grounds for appeal include that the judge erred in law in saying the Crown produced no evidence of the complainant's lack of consent, and that he erred in law by engaging in speculation on the issue of consent rather than drawing inferences from the facts proven in the evidence.
A rally is being held today in downtown Halifax to protest the Lenehan's ruling.