New Law for Sexual Assault Forces Defence to Disclose Texts

by David Gildiner, Associate There is a new law of the land for sexual assault cases. The most significant changes introduced by bill c-51, which came into force on December 13, 2018, relate to what evidence can be used by the defence in a sex assault trial. The Defence has to Disclose Texts […]

Sexual assault and choking charges dropped following preliminary inquiry

S.M. was a young man with no criminal record. He was charged with two counts each of sexual assault, choking to overcome resistance, and forcible confinement. He was accused to assaulting his roommate and an acquaintance in separate incidents. S.M. elected to to be tried by a judge and jury, and requested a preliminary inquiry. […]

Jury acquits client of sexual assault with a weapon

On March 27, 2012, Erec Rolfe won a jury trial for a client who was charged with sexual assault with a weapon and possessing a weapon for a purpose dangerous to the public peace. J.B. was charged with the offences in early 2011. He was facing a lengthy prison sentence, if convicted. After a preliminary […]

No consent in unconscious sex case: Supreme Court – Toronto – CBC News

Canadians routinely consent to surgery while unconscious. Why not sex? No consent in unconscious sex case: Supreme Court – Toronto – CBC News.

R. v. H.S. (Initials changed to protect the innocent)

Mr. S. was acquitted today of the charges of Sexual Assault and Uttering a Threat to Cause Bodily Harm, and his charge of Breach of Probation was stayed. The question that lingers, as it often does; “Was justice done?” I do not mean, to question his guilt, or innocence – he was found not guilty […]

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