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Client acquitted of one count of sexual assault following a three-day trial at the Ontario Court of Justice, Toronto. A previous charge of criminal harassment was withdrawn for lack of evidence. The complainant made historical allegations against her ex-boyfriend, including sexual intercourse at a family event where she was too intoxicated to consent. Mr. Whitfield was retained, Neuberger & Partners LLP, Criminal Lawyers Toronto. Mr. Whitfield went directly to trial and presented material inconsistencies in the Complainant’s account of her level of intoxication, and between the versions of events she recounted to the police versus her testimony on the stand at trial. Mr. Whitfield also identified serious reliability concerns with the complainant’s evidence: she was unable to recall many details of the alleged sexual assault due to a patchwork memory and agreed it was possible she may have uttered words of encouragement during the periods she could not remember. The accused also testified. The trial judge found his evidence to be largely unchallenged, and, in the reasons for acquittal, cited serious shortcomings in the complainant’s credibility and reliability. Accordingly, the client was found not guilty of sex assault.