Edward's Case — Sexual Interference — Dismissed

Client:   Edward, Accused
Complainant:   Niece of the Accused
Charges:   Sexual Assault and Sexual Interference

Background:  Edward's life was turned upside down when the police arrested him on charges of sexual assault and sexual interference. His niece claimed that he had touched her inappropriately over 200 times. These touchings allegedly occurred at Edward's home while she was visiting. Edward's position was consistent from beginning to end: he has never touched a child inappropriately, nor did he do anything that might have been misinterpreted. The oddest part of the allegation was that the touchings supposedly occurred in the presence of Edward's children and the niece's sister. I say "odd" because no one else ever saw or reported anything out of the ordinary.

Goals:  Edward maintained his innocence, even if it meant fighting it to the bitter end. He wanted to beat the charges and get his life back to normal.

Strategy:  Our defence was simple: Edward didn't do it. We had no neat theory or explanation as to why the niece was lying. Given the nature of the allegations, there was no realistic prospect of getting the charges withdrawn. We knew from the start that we would have to tackle the case head-on at trial before the Judge. We scheduled the trial for two days, but the case stretched into five days over three months, causing both me and Edward a few grey hairs in the process.

Results:  The Judge wasn't impressed with Edward's presentation, but we still won because the Crown failed to convince the Judge beyond a reasonable doubt. Fifteen months after Edward's arrest, the Judge concluded the case by telling Edward he was "free to go."