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RED DEER, Alta. — A judge who came under fire from Alberta’s appeal court for ruling a rape complainant in a sexual assault case consented after tiring from fighting off her attacker has decided to take early retirement.

The Alberta Court of Appeal criticized Court of Queen’s Bench Justice Kirk Sisson in 2014 for acquitting a suspect in a 2013 sexual assault case.

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Court heard the woman told the suspect on numerous occasions that she did not want to engage in any sexual activity.

He persisted despite her protests. After struggling and resisting his advances for 20 minutes, she realized he was not going to take no for an answer.

“She testified that she gave in because of his persistence, and to get it over with. In other words, she finally decided that she had enough and gave into him,” wrote Sisson in his ruling.

“Consequently, the Crown has failed to prove an essential element of the offence beyond a reasonable doubt, that’s lack of consent.”