Rosa's Case — Sexual Assault (domestic) — Victim

Client:  Rosa, Complainant
Accused:  Billy, Rosa's former boyfriend
Charges:  Sexual Assault and Assault Causing Bodily Harm

Background:  Rosa had lied to the police about being raped by her former boyfriend, Billy. The day that she made the allegation they had been in his car together. They were arguing. Billy became violent and assaulted her, causing her injuries. She managed to get out of the car. She called for help. Three men passing by came to her aid. Rosa said she had been raped. She repeated the allegation to the police. Rosa came to see me 11 months after the incident. She had received a subpoena, and was about to testify at Billy's preliminary hearing.

Goals:  Rosa had three goals:  (i) to minimize the risk of being charged with public mischief for the false statement; (ii) to stop Billy from being falsely convicted on the sexual assault charge; and (iii) to help the Crown prosecute Billy on the assault bodily harm charge.

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Strategy:  My advice was simple. First, keep quiet until you testify. Secondly, when you testify, tell the truth about everything. If Rosa provided another statement to the police, she might correct the falsehood, but she would leave herself exposed. If charged with public mischief, the Crown could use as evidence her admission that she lied to the police. However, while testifying, she would receive Charter protection for her statements made as a witness. Any statement made outside the witness box would not receive that protection. We prepared for Court. In advance of the preliminary hearing, I advised the Crown that Rosa would attend Court if served with a subpoena, but that she would not be discussing her evidence beforehand with the Crown or the police.

Results:  I attended the preliminary hearing with Rosa. I did not want her to feel intimidated by the process, and I certainly did not want her saying anything to the police or the Crown before she entered the witness box. When the Crown got wind of what was happening, she was not happy. She was very determined to prosecute Billy. It was undoubtedly an unpleasant day for Rosa, but she accomplished what she set out to do. She testified. She told the truth. Billy was committed to trial on the assault bodily harm charge. The sexual assault charge was dismissed. At the end of the preliminary hearing, the Crown told me that they might recommend to the police that Rosa be charged with public mischief. I reminded the Crown that she would have no admissible evidence against Rosa except Billy's testimony. (I knew that it was unlikely the Crown would proceed against Rosa on Billy's word alone.) Billy later plead guilty to the assault bodily harm charge. He received a jail sentence. The Crown never contacted us again. Rosa was never charged.