Our client met the complainant by chance at a bar. They shared drinks, talked, took photographs of themselves, and walked back to her residence together. According to the complainant, our client started kissing her on the street, then began touching her sexually without her consent while she was telling him to stop. When he eventually stopped, she went home told her friend what had happened. She eventually reported the matter to police.
Our client was charged with sexual assault. At trial, defence counsel cross-examined the complainant and her friend at trial. The complainant agreed that the events were not clear in her mind and that she was not sure what she had done. Defence counsel also helped our client testify in his own defence. Our client testified that on the walk back to the complainant’s residence, they began kissing and touching each other consensually, after which they made plans to see each other again. The trial judge believed our client – he found that our client was unevasive, consistent, honest, and unchallenged by the prosecutor’s cross-examination.
RESULT: Our client was found not guilty of the charge.