Thanks so much for joining me today. I want to talk to you about a recent sexual assault trial win. A judge alone trial I had. I won’t mention the city or get into any facts but speak in terms of generalities my client was so happy to win this case. He had maintained his innocence from the get go and, frankly completely believed him. There’s no question in my mind that this was an innocent gentleman. What happened to this trial is the complainant, her case kind of looked okay on paper, but it completely fell apart at the trial. There was alcohol involved. I was able to show various inconsistencies between the statement that she gave to the police and her in trial testimony which really compromised her veracity that she was not a credible witness. In terms of reliability, the alcohol there was a whole lot of gaps in her memory and ultimately she sounded okay in examination-in-chief but in cross examination she was not able to coherently put together a chronological sequence of events. There were gaps in her memory. I was able to fill in the gaps showing that she could have been doing certain acts sexually in those gaps. She It shocked me that she admitted a lot of this and that her memory is not reliable ultimately. So she made all these admissions and then a key thing I won’t get into the sexual acts and embarrass anyone or myself but the way she was describing one of the sexual acts was just an unphysical improbability about the way it would have transpired. It didn’t make any sense and she couldn’t adequately explain that. So coupling with her lack of credibility, lack of reliability, prior inconsistent statements. You know, improbability of the physical act, and just a sheer lack of coherent version of events coupled with a lot of alcohol but still a capacity consent. You can be very, very drunk and still consent in Canada, and I’ll cover that in another video today as well. So with all of that and the client’s testimony came across very well he was able to explain himself we had certain other peripheral witnesses who supported certain versions of his events and ultimately he was acquitted. It was a it was an easy case for the judge to find him not guilty, dismiss the case. And now his name’s thankfully been cleared. And the one thing I wanted to mention that I neglected to mention a moment ago, but we’re also able to show at least two serious motives to lie which is very important. If you have a sexual assault defense, and you can actually show credible motives to lie, that in and of itself can create reasonable doubt and we had here in spades in this particular case. So that was our recent result and the client can now get on with his life.
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