Areef's Case — Sexual Interference — Sentenced

Client:  Areef T., Accused
Complainant:  Daughter of Areef's Employer
Charges:  Sexual Assault, Sexual Interference, Invitation to Sexual Touching

Background:  Areef was employed by the parents of the complainant in their home office. It was alleged that he had, over a period of three years, engaged in sexual activity with their ten-year-old daughter. The daughter disclosed the details of the ongoing sexual activity to her mother while driving home from a family vacation. The police were notified and Areef was arrested. When Areef came into my office, he was overwhelmed with worry over going to jail. He felt that his whole life was about to be ruined.

READ THE POLICE REPORT

Goals:  Areef's instructions were very clear — beat the charge if you can, but, most importantly, avoid jail.

Strategy:  The Crown's initial position was 3 to 5 years in jail. The Crown also wanted Areef to admit that the abuse had occurred over 200 times. With this in mind, I reviewed the strength of the Crown's case. It did not look good for the defence. The young witness was articulate, the disclosure of the abuse was spontaneous, and there was nothing improbable about her overall story. Although it was possible to beat the charge at trial, I assessed our chances of winning as low. Also, the downside of going to trial and losing was pretty bleak. If we went to trial and lost, I estimated that Areef would go to jail for 18 to 36 months. With a guilty plea, we would have more control over the facts, and Areef would have a good chance of staying out of jail (though it would still be an uphill battle). Areef had to make a choice:  plead guilty with a good chance of avoiding jail, or fight the case at trial with a low chance of winning on the up-side and a high chance of a stiff jail sentence on the downside. It was a tough decision, and one with no guarantees. I was prepared to proceed either way, but it was Areef's decision to make, not mine.

Results:  In the end, Areef decided to accept responsibility. He entered a guilty plea on an agreed set of facts, admitting to 7 to 10 incidents — not "over 200" as the Crown had alleged. We managed to avoid jail, but, as you can see from the Judge's detailed reasons, it was a close call. Areef received a conditional sentence with probation to follow. (A conditional sentence is a jail sentence you serve in the community.) For Areef, the sentence was still a tough pill to swallow, but that afternoon he went home to his wife and son, that night he slept in his own bed, and the next morning he went to work as usual.

READ THE JUDGE'S REASONS FOR SENTENCE
READ AREEF'S TESTIMONIAL