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Client found not guilty of Sexual Assault after four-day trial, Ontario Court of Justice, Brampton. A.K. was charged 20 years after an alleged sex assault. The complainant alleged that 20 years prior, A.K. attended her birthday party and essentially abducted her when she was sleeping and intoxicated. The complainant alleged that she knew A.K. as he was in the group of friends that she hung out with and would see each other at parties but never spent any time alone and she barely knew him. In fact, she stated that he asked her out for a date a couple of times, but she turned him down as she was not interested. Yet, he was invited to her birthday party and at the tail end of the party the complainant stated that she was sleeping on the couch, and then next thing she recalls was waking up in A.K.’s car and then passing out. She then had minor waking moments in a strange bedroom with A.K. sexually assaulting her. In the morning, she left his home, and on the way out said hi to his parents, and waked without shoes and a purse to some location where she found a pay phone. She did not report the alleged incident for 20 years. A.K. retained Joseph Neuberger of Neuberger & Partners LLP to defend him. Diana Davison assisted with the defence. A.K. was extensively interviewed and he had a good memory of the complainant. He kept a book she bought him as a birthday gift that had an affectionate inscription in it. He advised that they had dated for about a month and a half and he stopped dating her after her birthday because of her odd behavior. He recalls the relationship and evening in question because he started dating her right after the end of a seven-year relationship to someone he thought he was going to marry. Also, he ran into the complainant a week after her birthday at a bar where she yelled at him for not calling her. Joseph Neuberger brought a section 276/278 Application to admit the book, a few pictures and sexual history evidence to cross-examine the complainant and for A.K. to testify to. The Application was eventually granted, and the book was found not to be a “record” as defined under the Criminal Code section. At trial, Joseph Neuberger cross-examined on the dating history and the book as evidence of the dating history. The complainant became evasive and combative trying to explain the book that she failed to mention and explain other implausible issues including how A.K. essentially kidnapped her from her 19th floor apartment in front of all her friends. Joseph Neuberger called A.K.’s mother to testify who recalled meeting the complainant on the morning in question and having a conversation with her. The evidence of the mother contradicted the complainant in several significant aspects. The defence also put in Google map arial photos to contradict the complainant’s evidence about leaving his home, and where she allegedly walked to. The residential area was very dense with homes, with no sidewalks and no plaza or other such location with a payphone that the complainant could have walked to, let alone walked to with no shoes. The court believed the evidence of A.K. and his mother and rejected portions of the complainant’s evidence based on the highly implausible nature of her allegations. Thus, A.K. was found not guilty of a historical sex assault.