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Rex v. S.B.L (2024)

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Charges of Sexual Assault x 2, and Assault Choking withdrawn prior to pre-trial motions in the Superior Court, Toronto. S.B.L. was married in India and he commenced the process of sponsoring his wife to come to Canada. During the first year of marriage, the complainant lived in India, and he would travel to India frequently to spend time with her. They would also communicate frequently by email and over a messaging app when he was in Canada. After arriving in Canada, the complainant alleged that S.B.L. sexually assaulted her one night and choked her. S.B.L. was charged. S.B.L. was represented by two previous law firms but eventually retained Joseph Neuberger to defend him. S.B.L. had in fact sought to end the marriage when she was living in India and wanted to prevent her from coming to Canada. He explained to Joseph Neuberger that several serious issues arose after they were married that caused him to fear for his emotional and physical safety. Fortunately, S.B.L. kept all his written communications totaling well over a 1,000.00 messages and emails. After careful review, it became apparent that the complainant was unstable and making odd and threatening remarks almost immediately after they were married. The complainant was demanding sponsorship, money and kept trying to convince S.B.L. that he was mentally unwell and needed her to make him well. The messages and emails read like a bizarre movie. Joseph Neuberger drafted and filed a very detailed lengthy 276/278 Application filing over 400 messages that demonstrated a pattern of intimating and threatening behavior including S.B.L. advising her not to come to Canada. When the complainant came to Canada it was a surprise to S.B.L. as he had told her he wanted a divorce. S.B.L. wrote to the complainant to stay away from him and he rented her a hotel until she could return to India. The complainant managed to get kicked out of the hotel and S.B.L. allowed her to stay at him home provided they were in separate rooms. During the night, S.B.L. drank and then went to bed. He awoke with the complainant on top of him trying to have sex with him. He tried to push her off but was unsuccessful due to his level of intoxication. The next morning, he left the home early and the complainant threatened him if he did not return, she would call police and claim he assaulted her. He nonetheless went to the police for help and when the police contacted the complainant, she made the allegations of sex assault and choking. The messages completely undermined the complainant’s evidence. After filing the messages, emails and meta data, the Crown and defence began discussions. After further investigation by the Crown and the officer in charge, the Crown conceded that the allegations are fabricated, and the charges were withdrawn.

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