Our client was a taxi driver. Late one night, he agreed to to drive an intoxicated young woman to her friend’s residence. The next day, he was informed that there had been a sexual assault complaint filed with his company. Two months later he was arrested and charged with sexual assault.
According to the complainant, she had decided to leave her friend group and go home because she was tired, but our client followed her to the door, took her keys, opened the apartment, and attempted to kiss her, after which she stayed inside the residence and did not contact any of her friends until they came home later that night. However, according to those friends, the complainant had been denied entry to the bar by a bouncer because she was too intoxicated and then she texted them after she got home and asked to go out to another bar. According to our client, the complainant had fallen on the sidewalk outside the apartment, he agreed to help her to the door, she tried to hug him as a non-sexual gesture of gratitude, and he left – he denied ever trying to kiss her.
The matter proceeded to trial. Defence counsel cross-examined the complainant and her friends. Our client testified in his own defence. The judge decided that he did not believe the complainant and that he believed our client.
RESULT: Our client was found not guilty of sexual assault.