Darren's Case — sexual assault — Lies Upon Lies

Client:  Darren, Accused
Complainant:  Tara, Darren's teenaged daughter

Charges:  sexual assault (2x), sexual interference, sexual exploitation, and invitation to sexual touching

Background:  Darren walked into my office battered and bruised — physically and emotionally. All this because of lies told by Tara, his teenaged daughter. Tara had run away from home. She wandered for a bit, finally finding refuge with her Grandma. But Grandma's patience and hospitality were at an end. Tara had to leave. She was not happy. She did not want to go home to the same old rules, but had nowhere else to go. The next morning Tara made the elaborate allegations outlined in the police report. Darren was arrested and held in custody. He managed to get released but not before being severely beaten by other inmates who had labelled him a child molester. His bail conditions prohibited him from living with his wife and adult daughter. All three were adamant that Tara was lying. They were deeply religious people, hiring me with these words: "we place ourselves in your hands under God's watchful eye."

READ THE POLICE REPORT

Goals:  Our immediate goal was to change the bail conditions to get the three of them under one roof, and hopefully in time for Christmas (less than 10 days away). Our longer-term goal was to have the charges withdrawn or dismissed.

Strategy:  Darren and his family were suffering horribly, and needed each other's support. They wore their pain openly. I felt the burden and believed that both my Christmas and theirs would be ruined if I couldn't get them together for the holidays. With a heavy heart, I got on it right away. I contacted the Crown, and explained the situation. Fortunately, I managed to get the bail varied within 72 hours. One down; one to go. I felt confident that, at trial, we would be successful. Tara had woven a web of lies that involved her sister and mother. They, however, denied anything improper had occurred and contradicted Tara in several key areas. This would be a serious problem for the Crown at trial. Not surprisingly, the Crown intended to prosecute. Just as we were settling in for the long wait, we got a a break. Tara wrote both me and the police a letter admitting that she had lied. I asked the Crown to re-assess their "reasonable prospect of conviction."

Results:  The Crown instructed the police to re-interview Tara. We waited. Within a few weeks, the Crown advised that they would not be proceeding. Ten weeks after Darren's arrest, the charges were withdrawn.

READ THE COURT TRANSCRIPT
READ DARREN'S TESTIMONIAL