Charlie's Case — Sexual Assault — Withdrawn

Client:  Charlie F., Accused
Complainant:  Toronto Police Force, 42 Division
Charge:  Sexual Assault

Background:   Charlie went to Morningside Park. He was hoping to take advantage of the fresh air that day by meeting up with another man for a sexual encounter in a secluded area of the park. He mistakenly thought that an undercover police officer was sexually interested in him. Charlie believed that he had the officer’s consent to touch him. Charlie cupped the officer’s testicles in his hand. He was promptly arrested for sexual assault.

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Goals:   Charlie wanted to beat the charge, and was prepared to go to trial.

Strategy:   When we first went to Court, I tried to convince the Crown that Charlie had an honest, but mistaken, belief that the officer had consented to the touching. The Crown wasn’t buying it, and wanted Charlie to go to jail. We took the matter to trial.

Results:   On the morning of the trial, almost eight months had passed. The affront to the officer had waned. In consultation with the officer, I convinced the Crown not to proceed. Charlie agreed not to enter Morningside Park for one year. He signed a peace bond with that condition. The charge was withdrawn.