Adam's Case — Sexual Assault — Dismissed

Client:  Adam, Accused
Complainant:  Michael, Adam's brother-in-law
Charge:  Sexual Assault

Background:  Adam traveled from Spain to visit his sister Karen. Just before his return, he was drinking with Karen and her husband Michael. While Adam and Michael were horsing around, Karen took pictures. Some of the shots were sexual in nature. Michael later alleged that he did not consent to the activity in the pictures. He also alleged that he was passed out, and that he could not remember the incident. Michael complained to the police. Adam was charged with sexual assault.

READ THE POLICE REPORT

Goals:  Adam wanted the charge withdrawn. If that couldnt' be done, he would fight it at trial.

Strategy:  The Crown refused to withdraw the charge. We prepared for trial. The issue was consent. Our defence was that Michael had consented to the picture taking, and that he had voluntarily participated.

Results:  The Judge ruled that he had a reasonable doubt. The charge was dismissed.

READ THE JUDGE'S DISMISSAL