Doug's Case — Sexual Assault & Interference — Withdrawn

Client:  Doug, Accused
Complainant:  Sandy, Doug's granddaughter
Charges:  Sexual Assault and Sexual Interference

Background:  At 71, Doug found himself charged with sexual assault and sexual interference. He had touched his 13-year old granddaughter. Everyone agreed that the touching was inappropriate and out of character. Not everyone agreed on whether it was criminal. Doug wasn't too sure about the "why" of his behaviour. He described himself as being "high strung," having struggled over the years with physical and emotional difficulties. At our first meeting, Doug and his family were surprised to hear that Doug would be going to jail for a minimum of 14 days if found guilty of the sexual interference.

READ THE POLICE REPORT

Goals:  Doug had two sets of goals. The first was to minimize the legal consequences. He didn't want a criminal record, and he especially wanted to avoid jail. The second was personal. Doug wanted to gain an understanding into the "why" of his behaviour and to make the necessary attitudinal, behavioural, and other changes. He also wanted to make amends to all those he had hurt and to rebuild the damaged familial relationships.

Strategy:  I first helped Doug obtain the professional help he needed and (most importantly) was prepared to accept. Having accomplished that, I turned my mind towards the charges. Although there was a chance we could win at trial, scheduling a trial would have involved a delay of 8 to 10 months. Both the delay and the trial itself would have caused great hardship to everyone involved. I hoped to convince the Crown that it wasn't necessary to proceed.

Results:  At a pre-trial meeting, I explained Doug's family circumstances, and I detailed his progress since being charged. I focused on convincing the Crown that Doug and his family were effectively dealing with this problem on their own. To the extent that judicial intervention was required, I argued, a section-810.1 order could be made against Doug. For the Crown, this order would address their concerns by restricting Doug's activities with children. For Doug, it would mean no admission of wrong, no finding of guilt, no sentence, and no criminal record. The Crown was impressed with Doug's commitment to understanding and overcoming the cause of his behaviour, but made no promises. The Crown indicated that she wanted to get some input from the complainant and her parents. A few weeks later the Crown agreed to the proposal. Doug signed a section 810.1 order. Both charges were withdrawn.

READ THE TRANSCRIPT OF THE SECTION 810.1 oRDER AND THE WITHDRAWAL
READ DOUG'S TESTIMONIAL