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 hearing later that year, the trial began on March 19, 2012 at the Superior Court of Justice in Toronto, Ontario. The trial consisted of the testimony of the complainant and five police officers, and the introduction of over 50 exhibits.
Erec successfully argued to the jury that the complainant’s story lacked the “ring of truth”, and inconsistencies in her story could not be explained by mere lapses of memory. Erec argued further that the complainant, who had a long criminal record, found herself in a situation where she had to fabricate the allegations. In particular, she was seen leaving J.B.’s apartment, where he was left with serious injuries. Erec argued that her story was doubtful and that J.B. was entitled to and deserved the benefit of that doubt.
On March 27, the jury returned after deliberating for two hours. They acquitted J.B. of all counts. After being in jail for almost one year, he walked from the prisoner’s box, and out of the courthouse, a free man.