Basil's Case — Sexual Assault — Sentenced

Client:  Basil, Accused
Complainant:  Man in the sauna at the recreation centre
Charge:  Sexual Assault

Background:  Basil had difficulty coming to terms with his homosexuality. It contradicted his religious and family beliefs. He repressed his sexual self. His sexual tendencies, however, got the better of him. One day he was at the recreation centre. On his way out of the sauna, he grabbed another man's penis. Basil was charged with sexual assault. He was devastated. In addition to the risks of jail, being listed on the sex offender registry, travel restrictions, and the stigma of a sexual assault conviction, Basil was also concerned about his family. He would be ostracized if they found out.

READ THE POLICE REPORT

Goals:  Basil's main goal was to avoid the sexual assault conviction. He also wanted to avoid having a trial if at all possible.

Strategy:  Given the huge risks in going to trial, our initial strategy was to convince the Crown to accept a guilty plea to a simple assault. I also wanted to have Basil discharged on sentencing. A conditional discharge would avoid the conviction and Basil's placement on the sex offender registry. The criminal record of the discharge would be erased in three years. I sent Basil to counselling with Dr. Martin Chisvin. Later, using Dr. Chisvin's report, I tried to convince the Crown that, since Basil was dealing with his underlying problems, he did not need to be found guilty of the sexual assault. I had no luck in the beginning, but then I scheduled a meeting between myself, the police, the Crown, and a Judge.

Results:  At that judicial pre-trial meeting, the Crown agreed to a accept a plea to simple assault and to join me in asking the Judge to consider granting a conditional discharge. The Judge agreed that our position was reasonable. The matter was finalized that day. Basil finally breathed a sigh of relief.

READ THE COURT TRANSCRIPT OF THE SENTENCING

Post-Script:  Basil's conditional discharge was erased from the R.C.M.P.'s criminal records database (C.P.I.C.) on 8 April 2005.