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CASE DETAILS

Charge(s): Sexual Assault x 3, Sexual Interference, Invitation to Sexual Touching
Location: Peterborough
Our Client(s): Mr. D
Year: 2023
Lawyer/Paralegal: T. Edmund Chan
Edmund Chan - Criminal LawyerLEARN MORE

Please Note: Past results not predictive of future results.

The Background

Our client was a man in his 40s with a good job and no criminal record. However, this was put in jeopardy when he was accused of sexual offences for events alleged to have taken place several decades earlier. He was alleged to have had a non-consensual sexual relationship with a distant family member, a minor at the time.

Mr. D completely denied the allegations, and maintained that he did not even know the complainant very well, and that any time they would have been in contact would have been in the presence of other family members. Given the severity of the allegations, a conviction would have almost certainly led to jail time.

The Goals

Mr. D was willing to go to trial to defend against the charges. With the Crown unwilling to withdraw the charges, the goal therefore became to go to trial and raise reasonable doubt about the alleged offences, and to have Mr. D acquitted.

The Strategy

The strategy to have Mr. D acquitted at trial was to attack the complainant’s version of events, and particularly his credibility and reliability. If it could be established that the complainant’s evidence is not credible or reliable, it would be very difficult for Mr. D to be convicted. To this end, Mr. Chan sought to expose inconsistencies in the complainant’s testimony in cross-examination, to the point that a complete 180-turn in the complainant’s evidence on a key point was exposed. Mr. Chan also brought two witnesses from the family to testify and demonstrate even further inconsistencies with the complainant. Based on these inconsistencies, the judge had to caution himself about the weight to be given to the complainant’s evidence. Mr. D himself ultimately decided not to testify.

The Results

The result of the trial was a success. The judge took only 30 minutes to decide that Mr. Chan had successfully raised a reasonable doubt about the complainant’s version of events. Mr. D was acquitted of all charges. Mr. D thanked Mr. Chan and the team at AR for all of their efforts to get this great result.

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