Rick's Case — Sexual Interference — Dismissed

Client:  Rick, Accused
Complainant:  Sam, friend of Rick's son
Charges:  Invitation to Sexual Touching and Sexual Interference (2x)

Background:  Rick walked into my office depressed. Here's what he told me. His son was having a sleepover in their basement. Well after midnight, the boys were still being rowdy. Rick's wife wakes him up. "Go down and quiet those boys," she says. Rick reluctantly heads downstairs. He tells the boys to be quiet and to go to sleep. He pulls the blankets over some, and pats others on the head. The boys, however, refuse to settle down. Ten minutes into Rick's third visit, the boys are finally quiet, and many are asleep. Rick creeps upstairs to rejoin his wife. Finally, the house is quiet. The next day Rick is shocked to find the police at his door. He is charged with invitation to sexual touching and sexual interference. But that wasn't the worse part. Rick's lawyer was telling him that he had no chance of winning, and that he should plead guilty and quietly serve his time in jail. Rick wasn't ready, though, to throw in the towel. He came to me for a second opinion.

READ THE POLICE REPORT

Goals:  Rick wanted the charges withdrawn or dismissed. He also wanted to avoid jail.

Strategy:  Even though Rick's first lawyer was more than ten years my senior — and I had less than two years of experience at the time — I saw the case very differently. I explained to Rick that we should go to trial. Though I could never guarantee a win, I felt confident that I could establish that the touching was innocent or at least raise a reasonable doubt on that issue. Rick accepted my assessment, hired me, and instructed me to schedule the trial. Rick was anxious to answer the charge, but he and his family had to wait thirteen agonizing months.

Results:  At trial, the complainant testified but appeared more confused than victimized. Rick's wife also testified, but he did not. The Judge found the complainant's testimony to be unreliable, and found that the touching was "perhaps" innocent. He dismissed two charges. The Crown withdrew a third.

READ THE JUDGE'S DISMISSAL