CASE STUDY: Sexual Assault & Incest – Plea Bargain

Our client Mr. C came to our office with some very severe charges stemming back as far as over 20 years ago. The allegations were brought by Mr. C’s younger sister who claimed sexual abuse at the hands of her brother when she was as young as eight.

Mr. C was also a youth. The abuse was alleged to have gone on for the next nine years. The complainant alleged the first vaginal penetration by our client occurred when she was just twelve years old. Sexual abuse was to continue up until the complainant was seventeen years old and stopped when Mr. C moved out of the family residence. The complainant recalled various incidents which were accurately corroborated by both parents and added strength to the historic allegations.

The goal in this case was to keep Mr. C away from a long period of custody. Although Mr. C could not agree with all the facts, he was able to agree with the substantial allegations.<

This case demanded numerous discussions with the Crown Attorney as well as numerous Judicial Pre-Trials to come to a mutual agreement as to the specific allegations and what could and could not be accepted by our client. Apart from working on an agreed statement of fact, we also spent a great deal of time in securing a non-custodial resolution for our client. Mr. C’s case was very delicate given the nature of the offences and the relationship between Mr. C and the complainant. We knew that Mr. C would have to take his matter to trial if a non-custodial resolution could not be obtained. However, the facts of the matter meant trial would be a risky option for our client.

After months of negotiations we were able to successfully secure a sentencing position that was gratefully accepted by Mr. C. Additionally we were also able to have the charge of incest withdrawn by the Crown Attorney. Mr. C pled guilty to historical sexual assault and was sentenced to a six month deferred custody period with house arrest and a curfew followed by eighteen months of probation. This was a very hard time in our client’s life, but we made sure to support him in every step of the process.