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Charges of Sexual Assault, Assault and Utter Threats, withdrawn mid-way through the defence 276/278 Application, Toronto. S.L. and had been dating the complainant for about five months, The complainant attended his home to study but the two wound up finding some whisky belonging to S.L.s parents, and they drank the whisky and hung out. At some point, the two play fought and wound up having sexual contact. The complainant left later that day and over the course of the following days, the two spoke and communicated extensively by messaging on various topics. S.L. was rude to the complainant about certain issues they discussed, and he accused the complainant of being selfish and not thinking of others. The complainant then began to accused S.L. of sexually assaulting her by getting her drunk and having threatened her to have sex. The messages clearly established S.L.’s shock and the complainant’s messages increasingly became more aggressive over the ensuing days, with her writing him to confess to his parents what he has done, or she will go to the police and ruin his life. The complainant in fact called police and alleged sexual assault among other charges. Joseph Neuberger was retained to defend S.L. Jospeh Neuberger obtained the disclosure which included certain messages between the parties. S.L. had deleted most of the messages and thus Joseph Neuberger retained a defence expert to perform an extraction on the client’s cell phone to recover all the messages. There were hundreds of messages and when reviewed, the messages demonstrate that S.L. had given his version of the events, and the complainant had agreed that she had consented but that she would not have if she was completely sober. There were numerous other messages that completely undermined the complainant’s statement to police and demonstrated that the complainant was mad at S.L. for his rude comments and not being sensitive to her issues. It was clear the complainant was not being truthful about the alleged sexual assault. Joseph Neuberger and Diana Davison drafted a very detailed 70-page 276/278 Application to have all the messages admissible at trial for cross-examination and to expand on the sexual discussions of the day in question. The Application set out the defence of S.L. and provided a very coherent outline of the events, consent, lack of any serious degree of intoxication, and manipulation on the part of the complainant when in fact she had consented. During the argument of the Application, the Crown concluded that there was no reasonable prospect of conviction and as a result all charges were withdrawn.This is another reminder of the importance of obtaining all the messaging between the complainant and the client. The police do not search the complainant’s phone for the totality of messages but accept whatever the complainant will provide that often will distort what was discussed in the messages and the truth.