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Sexual Assaults, Assaults (non-domestic), Aggravated Assault, Assault with a Weapon, Assault Causing Bodily Harm, etc.
R. v. A.R. et. al. (Superior Court of Justice, Peel Region) JURY TRIAL Charges: Sexual Assault, Aggravated Sexual Assault, Gang Sexual Assault, Kidnapping, Forcible Confinement, Human Trafficking, Sexual Assault with a Weapon, etc. Allegations: Woman is assaulted, intimidated, and kidnapped in lieu of a debt owed by her boyfriend. When she is taken back to to a residence is Mississauga, she is sexually assaulted, tortured, confined in a closet overnight, and sexually assaulted the following day with forced fellatio and intercourse. During the course of the sexual assault, she is threatened to be forced into prostitution. Woman is released from the premises and attends hospital with injuries. Hospital then reports the incident to police who then obtain evidence that included, but not limited to: DNA, photographs, corroborating physical evidence (shoelaces, descriptions of residence, etc.). Canada wide warrants are executed and four individuals arrested including "A.R." During the course of the proceedings, it was alleged that Mr. A.R. (represented by Sean Robichaud) is alleged to have been present during the entire first day/night but not to have engaged in any of the threats, sexual assaults, or kidnapping but charged and ordered to stand trial regardless. Result: A.R. is found NOT GUILTY on all counts and dismissed unconditionally at trial. The remaining accused parties are found guilty on all counts with the exception of two.
R. v. O.A. (Toronto Superior Court of Justice, 361 University Avenue) Sexual Assault, Invitation to Sexual Touching, etc. Allegations: O.A. was alleged to have been a resident of a where the 6 year old complainant and her family lived. It was alleged that when the mother of the young person left for work in the evenings, Mr. A. would lure the young person to his basement apartment and on several occasions forced sexual intercourse upon her. On a separate occasion it was alleged that Mr. A. confronted the complainant at her mother's birthday party when she was 10 years old and forced her into a bedroom to have intercourse with her. Result: All charges withdrawn. After cross-examination at the preliminary hearing, several problems were discovered with the complainant's version of events. The charges were stayed as a result.
R. v. J.A.. (Ontario Court of Justice, Toronto, 1000 Finch Ave) Charges: Sexual Assault Allegations: Complainant and accused alleged to have drank heavily and then attended his residence. At the residence, complainant alleges that accused forces herself upon her and engages in full intercourse without her consent. Results: All charges withdrawn by the Crown Attorney at the preliminary hearing stage.
R. v. K.C. (Superior Court of Justice, Toronto, 361 University Ave.) JURY Charges: Sexual Assault. Allegations: Accused was alleged to have had non-consensual intercourse with complainant at her home during a casual evening. The complainant alleged K.C. was a friend who came over to smoke drugs and watch television. After the consumption of the marijuana, K.C. made sexual advances that were brushed off by the complainant. K.C. was alleged to have persisted and at one point explicitly stated he was going to rape her. Results: Jury Acquits accused on all counts.
R. v. G.M. (Toronto Superior Court of Justice, 361 University Avenue) JURY. Charges: Sexual Assault Allegations: That the accused, aged 31, had sexual intercourse with his 17 year old baby sitter against her will. At trial, the accused testified that they did indeed have sex, but the act was consensual. Results: Jury acquitted Mr. M.
R. v. G.L. (Ontario Court of Justice, Scarborough, 1911 Eglinton Avenue) Charges: Sexual AssaultAllegations: The accused was the step brother of the complainant. She alleged that while they were living in the same home, he would force sexual intercourse upon her on numerous occasions. The sexual acts continued for several years before she reported it to the police. Results: Charges Dismissed.
Needless to say, all sexual assaults. In addition to a presumption towards custodial sentences (i.e. jail), sexual assault can raise very complicated issues with life-changing consequences if convicted
Therefore, having proper legal representation is critical to ensuring that you are not unfairly treated or at a disadvantage in defending yourself.
Many of these sorts of offences, particularly sexual assaults, involve detailed and mandatory requirements in evidence. It is often unacceptable as a matter of evidence to assert many issues that you may consider relevant to a complainant's credibility.
For example, section 276 of the Criminal Code precludes someone from raising the past sexual history of a complainant unless the party wishing to do so establishes a relevant basis for doing so. To bring such an application requires filign materials and strict deadlines.
Procedures and limtiations such as these lend to confusion and frustration for an unrepresented accused Being convicted of sexual assault also may result in beign registred on the National and Provincial databases for sex offeders as well as Court Orders to submit DNA samples to deposit on National registries.
Call us anytime to discuss these issues and your options at (416) 220-0413. Defending Criminal Charges of Sexual Assault
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