Skip to content

CASE DETAILS

Charge(s): Sexual Assault & Incest
Location: Eastern Ontario
Our Client(s): Mr. C
Year: 2019
Lawyer/Paralegal: Virginia Dolinska
Ottawa Criminal Lawyer - Virginia DolinskaLEARN MORE

Please Note: Past results not predictive of future results.

The Background

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 Goals

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.<

The Strategy

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.

The Results

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 C. Additionally we were also able to have the charge of incest withdrawn by the Crown Attorney.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.

FREE CONSULTATION

Tell us a bit about yourself and the situation.  Completing this form helps us book your free consultation with the most appropriate lawyer at our firm and at a time that is most convenient to you.
Please enable JavaScript in your browser to complete this form.
Let's start with the basics. What is your name?

Please note that the submission of this form does not mean that we are your retained lawyer. This is a form establishing preliminary information regarding the scheduling of a free, 30-minute consultation. Any personal information collected through means such as consultation forms will not be conveyed or shared except to the extent necessary to properly represent you and your case. Aitken Robertson will never sell any personal information. We value your privacy.