CASE STUDY: Acquittal for Sexual Assault Charge in Brampton

Our client, Mr. S, found himself in a difficult situation after the complainant, his estranged sister, contacted police claiming that he sexually assaulted her in the 1980s. The complainant had told police that there were several incidents in which Mr. S had touched her inappropriately when she was a child and he was a teenager. In one instance in particular, the complainant, Ms. B claimed that Mr. S was driving her and their mother. When their mother left the vehicle, Ms. B claims that Mr. S touched her inappropriately. However, Mr. S was only fifteen years old at the time and would not have been able to drive. Mr. S maintains that these incidents did not occur and recalls being a very loving family. Despite being close as children; their father’s passing brought animosity for Ms. B who eventually cut ties with Mr. S and the rest of the family.

Mr. S was shocked by these allegations and maintained his innocence throughout the duration of his matter. Although it was clear that he would not be able to have a relationship with his sister, it was crucial for him to lessen his charges and not face the harsh consequences that could come with a conviction.

Mr. S told Mr. Dhaliwal that his sister had always been resentful towards him. However, tensions grew even stronger after the passing of their both of their parents. Ms. B had been known for her anger and resentment; often bullying her common law partner as well as Mr. S’s wife. This was evident through her strained relationships with friends and family. All of this would coincide with Ms. B’s wanting to fabricate the assaults.

Additionally, disagreements over their father’s estate proved to substantiate Ms. B’s motive for fabricating the assaults. Mr. Dhaliwal touched on the fact that a large amount of time at passed since the time of the alleged assaults and thus Ms. B’s memories of the incidents are most likely skewed. At trial, Ms. B also admitted to several factors that would not prove to go in her favour. Not only did she admit to heavy marijuana use, thus further affecting her memory and recollection, she also admitted to conducting research prior to speaking to the police in an attempt to bolster her allegations against Mr. S. Further, the alleged assaults were not actually the reason for which Ms. B decided to cut ties with her brother but rather her being unhappy with the ways in which he handled their late father’s estate which happened long before she decided to contact police.

All in all, the complainant’s own prejudice against our client far outweighed the probative value of the allegations and it was clear that there was no strength to her arguments.

Mr. Dhaliwal’s cross-examination at trial was successful in raising doubt surrounding the complainant’s allegations and Mr. S was acquitted of his charges. This was an outstanding outcome for our client. Able to put this difficult time behind him, Mr. S could return to his normal life without these false allegations.