Sexual Offences

>>Sexual Offences
Sexual Offences 2020-09-16T21:05:40+00:00

Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.


Sexual Offences

No Charges Laid

Case Number: 55792529

Our client was being investigated by the police in relation to sexual interference allegations made by his former stepson. He was being asked by the RCMP to attend for questioning (AKA Interrogation) into the matter. Prior to attending, our client reached out to us for pre-charge legal advice.

Upon being retained, we reached out to the police officer who had contacted our client to learn more about the investigation. Once we confirmed the nature of the allegations, we carefully reviewed them with our client. Our client was adamant that the allegations were untrue, so we scheduled a private polygraph test for him. After he passed our internal polygraph with no concerns, we offered to have him participate in an RCMP polygraph. He passed their test with flying colours, which successfully concluded with police investigation with no criminal charges ever being laid.

Successful Result: No Sexual Assault Charges Laid

Charges Stayed, Withdrawn, or Acquitted

Case Number: 758-190057

Our client was charged when he solicited a sexual act from a woman who turned out to be an undercover police officer. The woman approached his vehicle and the two engaged in a discussion about her services. When they reached an agreement, three unmarked police vehicles approached his vehicle and quickly arrested him for solicitation of sexual services.

Upon being retained, we immediately ordered disclosure and reviewed it with our client. We learned that our client had never solicited sexual acts previously and it was his interaction with the woman that enticed him to do so. We reached out to the Crown Prosecutor and shared this background on our client and based on this, the Crown agreed to resolve the charges through the Alternative Measures Program. As a result, the charge was withdrawn, and our client avoided a criminal record.

Successful Result: Charge Withdrawn; Resolved with Alternative Measures Program; No Criminal Record

Case Number: 4198

Our client was in an intimate relationship with the complainant for several months. At the time of the incident, the relationship was mutually coming to an end. One morning following a party the night before, our client woke the complainant up by dancing in front of her face naked, hoping to seduce her. Instead, the complainant was reminded of a previous sexual assault and the two argued for several hours. After the altercation, the complainant contacted police stating that our client had made threats to her and published an intimate image of her online. Our client was arrested shortly thereafter.

Upon being retained, we learned there was a serious discrepancy in the narrative. Our client claimed to have been doing a silly dance to amuse his partner. The complainant alleged that he tried to force his genitals into her mouth. At trial, the Judge found our client to be credible and had doubt that he did what the complainant alleged. He acquitted our client of sexual assault and entered an absolute discharge to the charge of uttering threats. The Crown Prosecutor then withdrew the remaining charge of publishing an intimate image.

Successful Result: Acquittal and Absolute Discharge at Trial; Charge Withdrawn; No Criminal Record

Case Number: 55592585

While our client was in high school, he exchanged nude photos with a female classmate. The two decided to meet in a washroom in between classes where they engaged in physical acts. The complainant claimed to the police that she did not want to go through with it, but he persisted. Our client was subsequently charged with sexual assault.

Upon being retained, we worked through the allegations with our client and analyzed the disclosure to assess the evidence against him. The complainant stated that she never actually vocalized her lack of consent. We raised a defence that, based on this statement, our client had an honest but mistaken belief in the presence of consent. As a result, the Crown Prosecutor withdrew the charge against our client.

Successful Result: Charge Withdrawn

Case Number: 37370079

Our client arranged a date with a woman he met online. When she arrived at his home, the two engaged in sexual activity. Afterwards, she left his home and complained to police that the sexual activity was forced. Our client maintained that it was consensual. He was later arrested and charged with sexual assault. If convicted, he faced the likelihood of jail and being added to a sex offender registry.

Upon being retained, we ordered disclosure and reviewed the evidence against our client. In doing so, we found several inconsistencies within the complainant’s story, as well as notable discrepancies between her statement and the evidence. Our client plead not guilty and we proceeded to trial. In our client’s defence, we argued that the complainant gave consent to our client to engage in the sexual acts. We also argued that if the court found that there was no consent, our client had an honest but mistaken belief that it was present. As a result of our advocacy and the credibility issues of the complainant that we raised, the judge found our client not guilty and acquitted him at trial.

Successful Result: Acquitted at Trial

Case Number: 6266008

Our client was arrested for attempting to obtain sexual services from an undercover police officer acting as a prostitute. Our client was arrested after he had a conversation with the undercover officer, during which it was agreed that he would pay her for sex. Once the arrangement was made, she directed him to attend a particular location where our client expected he would receive the solicited services. However, once he went to the location specified by the undercover officer, a police officer was there waiting to arrest him for the offence.

Upon being retained we ordered and reviewed our client’s disclosure, and began negotiating a resolution with the Crown Prosecutor. Notwithstanding the strength of the evidence against our client, were ultimately able to advocate for our client’s placement in the Alternative Measures Program. Once completed, the Crown Prosecutor withdrew the charge against our client, and our client was able to avoid a criminal record.

Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record

Case Number: 35370056

Our client was charged with an indecent act after he attended a grocery store and completely exposed himself to a staff member. The staff member reported the incident to her supervisor, who then contacted the police. The police located our client shortly thereafter and arrested him for the indecent act.

Upon being retained, we did a detailed review of our client’s disclosure and found a number of inconsistencies between the police report and the statement given by the complainant. We then began resolution discussions with the Crown Prosecutor, and were able to use the inconsistencies to persuade the Crown to withdraw the charges against our client.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 311023

Our client was arrested and charged with sexual assault of a minor and sexual interference of a child under 16. Our client was charged after his stepson told his mother and the police about an incident that had recently occurred between himself and his stepdad. The complainant alleged that our client had the child touch him sexually, and it was further alleged that there was at least one instance where our client had sexual intercourse with his stepson. Our client maintained his innocence in the face of these allegations, so we set the matter to be tried before a jury.

While preparing for the trial, we did a thorough review of the complainant’s statement and found areas of potential inconsistency. We meticulously reviewed our client’s disclosure found a number of inconsistencies in the complainant’s statement. We also issued multiple disclosure requests that allowed us to discover new evidence that was not even known to the Crown. Prior to our client’s trial, we also conducted a successful, full-day hearing where we vigorously argued for access to the complainant’s medical records. The medical records that we obtained as a result of this hearing contained a medical assessment that was performed on the complainant after the allegation of sexual assault. These records showed that contrary to the complainant’s claims, there was absolutely no physical or medical evidence to support the allegation that our client had sexually assaulted his stepson. As a result of our efforts, the Crown ceased their prosecution and our client walked away from the charges with no criminal record.

Successful Result: Charges Stayed, No Criminal Record

Case Number: 531492

Our client was arrested for soliciting prostitution after he was caught in the act by an undercover police operation. It is alleged that our client drove into an area well known for prostitution. He approached an undercover officer posed as prostitute, and offered her cash in exchange for sexual services. After making his offer, he was informed that he was under arrest, and was charged for soliciting prostitution.

Upon being retained, we immediately ordered disclosure and reviewed the evidence against our client. Even though the evidence against him was very strong, we were able to persuade the Crown prosecutor to divert our client into the Alternative Measures Program. Upon our client’s successful completion of the program, the charges against him were withdrawn.

Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record

Case Number: 551866

Our client was charged with voyeurism after he tried to make an inappropriate visual recording of a staff member at a tanning salon. The complainant alleged that after she had taken off all of her clothing in a tanning room prior to entering a tanning booth, that she looked up and saw that a cellphone was being held over the wall from the adjacent tanning room. She also reported that she could tell that the phone was recording her. She yelled at a fellow staff member to bring her a robe and quickly called the police. Our client who was holding the phone and making the recording was then arrested and charged with Voyeurism.

Once retained we ordered and thoroughly reviewed disclosure and found a significant weakness in the case against our client. We were able to successfully leverage this weakness in subsequent negotiations with the Crown Prosecutor, and we were able to persuade her to withdraw the charges against our client in exchange for a charitable donation.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 55572393

Our client was charged with sexual assault after he slapped a stranger’s buttocks while he was heavily intoxicated. Our client had mistaken her for a friend. The police were called and they arrested our client.

Upon being retained, we ordered and reviewed disclosure. Through our interviews with our client, we found out that alcohol had likely contributed to his actions. We directed our client to attend for sexual boundaries counseling and substance abuse counseling. We began negotiating with the Crown Prosecutor. We advocated for our client by explaining the circumstances surrounding the offence and providing proof of our client’s progress in counseling. We ultimately convinced the Crown Prosecutor to withdraw the charge against our client.

Successful Result: Charge Withdrawn, No Criminal Record

Case Number: 45370276

Our client was charged with sexual interference after it was alleged that he had sexual intercourse with an underage girl. The sex was consensual and our client was not aware that the complainant was under 16 years of age. The incident was reported to the police, who then located our client and arrested him for sexual interference with a minor.

Upon being retained, we immediately reviewed disclosure and began to identify weaknesses in the Crown’s case. We also helped our client vary the conditions in his bail order to make them less restrictive. We represented our client in the Preliminary Inquiry and after a lengthy preparation for trial, the Crown eventually issued a stay of proceedings before the trial began.

Successful Result: Charges Stayed, No Criminal Record

Charges Resolved with a Peace Bond

Case Number: 1514446

Our client, a youth, had a party at his home where everyone was drinking. Following the party, a female friend slept in his bed and the two engaged in sexual activity. The next morning, she advised him that she did not consent and went to the hospital and police. Our client was then charged with sexual assault.

Upon being retained, we scheduled a section 276 hearing to determine whether there was evidence to support our client’s honest but mistaken belief in consent defence. This hearing supported our client’s contention that he honestly believed in the presence of consent. Based on this, we were able to persuade the Crown Prosecutor to withdraw the charges and resolve the issue with a Peace Bond.

Successful Result: Charge Withdrawn; Resolved with a Peace Bond; No Criminal Record

Case Number: 1514389

Our client was staying over at a family friend’s home when his friend’s six-year-old daughter came to sit with him on the couch. She later told her mother that our client moved her hand to his genital area. The mother called the police and after investigating, our client was charged with sexual assault, sexual interference, and sexual invitation. If convicted, he faced a likely prison sentence and would be added to the sex offender registry.

Upon being retained, we ordered disclosure and reviewed video footage of interviews with our client, the complainant and others involved in the investigation. The reliability of the complainant was a concern and our client denied the alleged conduct. There were no allegations of any other behavior and our client had a clean record. At the preliminary inquiry, we spoke with the Crown Prosecutor and she agreed to withdraw the charges in return for our client entering a Peace Bond.

Successful Result: Charges Withdrawn; Resolved with a Peace Bond; No Criminal Record

Case Number: 551903

Our client was charged with sexual assault, breaking and entering, assault, and dangerous driving after an extremely heated argument with his wife about their recent separation. The verbal argument became physical, and his wife alleged that our client had sexually and physically assaulted her. She also alleged that during the assault she tried to escape in her vehicle, but her husband chased her down the street in his car. The charges against our client were further aggravated by his wife reporting a long history of sexual abuse throughout their relationship.

Our client initially retained us when he called us from jail seeking an immediate bail hearing. We were able to successfully and quickly secure his release without a formal hearing by negotiating his release on very strict conditions. Upon being retained, our client explained to us that he not only wanted to avoid time spent in jail, but that he needed to avoid a criminal record in order for him to keep a job that required frequent travel between Canada and the United States. However, based on the  severity of the charges a significant jail sentence was initially being sought by the Crown Prosecutor. Prior to entering into resolution discussions with the Crown, we conducted an extremely thorough review of the disclosure for our client’s charges and flushed out every weakness and inconsistency in the Crown’s case. We further directed our client to engage in extensive counselling to improve the outcome of his matter. We then began to negotiate with the Crown, and on the basis of our strategic advocacy we were able to successfully resolve all matters by way of a peace bond. As a result, all substantive charges against our client were withdrawn.

Successful Outcome: Peace Bond, Charges Withdrawn, No Criminal Record

Charges Discharged

Case Number: 2250023

Our client was charged with voyeurism after he placed a camera in the bathroom he shared with his roommate female roommate. While in the bathroom, his roommate found the concealed camera, played it back, and found footage of our client hiding it from view. She called the police and reported the incident, and our client was then arrested and charged with voyeurism.

Upon being retained we immediately sought disclosure and quickly went before the court to amend a term of our client’s recognizance which precluded him from entering his own home. We then helped our client develop a comprehensive plan to address the underlying mental health issues that contributed to his criminal acts. We also ordered a presentence report and sought out letters of reference and proof of counseling, which was forwarded to the Crown. The Crown was persuaded to join us in an application for a conditional discharge, and on the basis of our advocacy we were able to successfully obtain an 18 month discharge which allowed our client to avoid a criminal record.

Successful Outcome: Conditional Discharge, No Criminal Record

Charges Resolved with Reduced or No Jail Time

Case Number: 25190290

Our client was charged with sexual assault after a pub employee complained that he inappropriately touched her. The police were called and immediately arrested our client at the pub.

Upon being retained, we ordered and reviewed disclosure and prepared our defence. We began negotiations with the Crown Prosecutor who originally sought a full prison sentence for our client if convicted. Despite this, we were able to successfully negotiate an early resolution of probation with community service and as a result, our client did not spend time in jail for the offence.

Successful Result: Suspended Sentence (Probation); No jail time

Case Number: 55592526

Our client was charged with one count of Accessing Child Pornography and one count of Possession of Child Pornography after police executed a search warrant on his residence and electronic devices. He gave a full confession to the police. The prosecutor had a strong case and she knew it. She initially wanted a guilty plea to both charges and 18 months of jail time.

Upon being retained, we immediately ordered and reviewed disclosure. We instructed our client to obtain counselling and assisted him in those arrangements. Our client suffered from serious mental illness throughout his life and had a troubled upbringing. He did not want to fight the charges, and wanted to accept responsibility for his actions. We raised all this with the Crown Prosecutor and based on those discussions the Crown withdrew the charge of Accessing Child Pornography in exchange for a guilty plea to Possessing Child Pornography. As a result, our client received only 12 months of jail and a probationary sentence.

Successful Result: Charge Withdrawn; 12 Months Jail and Probation

Case Number: 35380218

Our client participated in online forums where he wrote stories of sexual fantasies and shared them on the internet. Some of these stories contained sexual interactions between himself and minors. When he was anonymously reported for these stories, the police opened an investigation. There was no evidence of actual sexual contact, but the stories themselves still constituted a charge of Possession of Child Pornography. Our client was arrested and faced a lengthy prison sentence if convicted.

Upon being retained, we ordered disclosure and reviewed the investigation of our client. This charge previously carried a mandatory minimum sentence of 6 months whether it was dealt with as a summary offence or an indictable offence. The minimum sentence was struck down at the indictable level prior to our client being charged. While we were confident in our ability to have it struck at a summary level, we instead strategically elected to proceed at the indictable level and were successful in arguing for a sentence of 90 days of intermittent imprisonment.

Successful Result: Reduction in Jail Time below the Mandatory Minimum

Case Number: 55492536

As a teenager, our client spent years accumulating a collection of child pornography to trade with strangers on the internet. Based on a tip, the police executed a search warrant on our client’s personal devices where they found hundreds of images and videos. Our teenage client was facing an adult sentence of a lengthy prison term which was likely to cause serious harm to his adult development and rehabilitation.

Upon being retained, we worked to enter our client into counselling and mental health treatment. He was welcomed into sexual support counselling with specialists in this area. Due to his age and his clear demonstration of remorse, the Crown Prosecutor agreed to sentence him under the Youth Criminal Justice Act for a probationary period with no jail time.

Successful Result: Probation; Mental Health Treatment

Case Number: 55672380

Our client was arrested after the police executed a warrant to search his residence and seized several electronic devices. Our client was facing a significant set of charges including making, possessing, and accessing child pornography, four counts of luring, procuring a young person, and invitation to sexual touching, all occurring over the course of many years. Our client was facing a minimum of 13 years imprisonment if he was convicted of all these offences. The charge of procuring alone carried a minimum sentence of 5 years imprisonment.

Upon being retained, we ordered and reviewed disclosure. With our client’s instructions to resolve his matters, we began extensive negotiations with the Crown Prosecutor on the file. We successfully argued for a significant reduction of charges and a jail sentence of only 3 years.

Successful Result: Reduction in number of charges, Reduced jail sentence

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