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. Erec Rolfe conducted the preliminary inquiry in November 2011. At the preliminary inquiry, Erec successfully elicited numerous significant admissions from the complainants that cast great doubt on their stories.
After the preliminary hearing, the Crown Attorney for Grey County offered to the withdraw the both counts of sexual assault, both counts of choking to overcome resistance, and both counts of forcible confinement. The Crown advised that he was doing so in light of Erec’s cross examinations at the preliminary inquiry.
S.M. pleaded guilty to two counts of simple assault and was sentenced to 45 days of pre-trial custody, which he had already served. Before the serious charges were dropped, he was facing a penitentiary sentence.