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Charges of Sexual Assault x 5 withdrawn prior to setting a date for trial, Toronto. R.S. started an affair with a fellow employee who he was indirectly supervising.  The employee moved to a different role and the two carried on an affair for two years.  R.S. started to pull away from the relationship trying to gently end it as he was regretting his actions because he was married.  He had several discussions with the fellow employee who was rather unhappy about him wanting to end the relationship.  After he ceased intimate contact, she walked into a police station and provided a statement to police giving rise to five charges of sexual assault.  R.S. retained Joseph Neuberger of Neuberger & Partners LLP, Toronto Criminal Lawyers.  At the outset Joseph Neuberger asked about all communications and any video or audio with the complainant.  R.S. had deleted everything but still had his phone.  Joseph retained a digital forensic expert and after some time, considerable data was recovered and extracted.  Once disclosure was received, Joseph and Diana Davison worked through the client’s evidence to line it up with the dates of the allegations and the narrative of the complainant.  Joseph drafted an RPC memo (reasonable prospect of conviction memo) for the Crown to assess the strength of the case.  Joseph turned over 30 or more messages, multiple video, and audio recordings.  The client had recorded three important conversations with the complainant when he was attempting to end the affair.  The video evidence consisted of the complainant recording sex toys she had brought into the office for encounters and provided audio descriptions of them and what she wanted to do.  Messages often were highly sexualized with the complainant often initiating the contact or replying with enthusiasm.  Further the audio recordings were not only devastating to the complainant’s narrative but frightening in the sense that the complainant’s statement was diametrically opposite to the recordings and hence the truth. One audio was the complainant being upset at R.S. not satisfying her.  Another was the complainant threatening to ruin R.S. life because he would not leave his wife.  In fact, her statements were incredibly insidious including – “it makes me so happy and I laugh to see your face when I tell you, I will ruin your life”.  Numerous comments were made consisting of threats with little to no regard for R.S. emotional state and were directly aimed at intimidating him to stay in the relationship and leave his wife. The third audio was an argument about her wanting a permanent relationship with R.S.  That she would leave her partner and want to have a marriage with R.S.  The complainant’s statement specifically mentioned that she was continually harassed, sexually abused, and manipulated by R.S. with not a hint of her involvement in a mutually consensual affair.  This was one of the worst cases of fabrication we have seen at the firm.  See our podcast episode on this case – Not on Record – on YouTube.  After the Crown reviewed all defence evidence, all charges of Sexual Assault were withdrawn.