Fred's Case — Sexual Assault — Jury Address

Client:  Fred, Accused
Complainant:  Wendy, teenaged model
Charge:  Sexual Assault, Criminal Code, s. 271

Background:  On a chilly November night, Fred, 36, had sex with Wendy. She was 15 at the time. They had been at a party for a modeling agency hosted by Marion. Wendy got pregnant. She later had an abortion. These facts were agreed upon, but not much else. Wendy later told the police that she had been raped. Months later, Fred received several voicemail messages from the police. They wanted to "speak with" him regarding a sexual assault investigation. Fred was worried. He did have sex with a teenaged girl. He had also heard through the grape vine that Wendy was saying that she had been raped. He wasn't sure what to do. Should he admit everything, deny everything, or just ignore them? I contacted the lead Detective to determine the status of the investigation. He told me that he intended to charge Fred with sexual assault, but that his investigation was continuing. He said that he wanted to provide Fred with an opportunity to tell his side of the story. I explained to Fred that there was nothing we could do or say to change the Detective's mind. Fred was going to be arrested and charged. The officer was simply collecting evidence. If Fred wanted to give evidence against himself, the Detective would take it.

READ THE POLICE REPORT

Goals:  Having established that Fred's arrest for sexual assault was inevitable, I identified three immediate objectives:  (i) to arrange for Fred's surrender to avoid an arrest warrant being issued, (ii) to prepare Fred for his arrest so that he didn't incriminate himself, and (iii) to quickly secure his release from custody. Our main objective — Fred's aquittal — would have to wait.

Strategy — Arrest:  Fred agreed that, on his arrest, it would be best to say nothing. He would have his say later at trial. To make his intentions clear, I prepared an "arrest statement." That written statement would inform the Detective that Fred didn't want to make a statement or provide any evidence. I also arranged with the Detective that Fred would not be held for a bail hearing.

READ THE ARREST STATEMENT

Results — Arrest:  I attended the police station with Fred. He was arrested, and taken inside for processing. He presented the arrest statement. The Detective abandoned his attempt to gather evidence from Fred. Fred did not give a statement, nor did he did give any bodily sample for DNA analysis. He was released a few hours later.

Strategy — Sexual Assault:  Fred let a jury decide his fate. Our defence was consent. My strategy involved a two-pronged attack. One prong involved convincing the jury that Wendy was not telling the truth. I would achieve this through my cross-examination of Wendy and the other Crown witnesses, and also by calling Wendy's doctor. To see how it all dovetailed — for example, how the doctor contradicted Wendy— read the Jury Address linked below. The other prong involved raising a reasonable doubt through Fred's testimony. A resonable doubt on either front would result in Fred's acquittal.

Results — Sexual Assault:  On a beautiful spring day, two years and five months after his arrest, I stood next to Fred as he breathed a slow sigh of relief. The jury foreman had just uttered the sweetest words he had heard in some time:   "Not Guilty."

READ THE JURY ADDRESS