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Client found not guilty of one count of Sexual Assault after a trial at the Ontario Court of Justice, Brampton. The Complainant alleged that she had invited some friends over to her residence. She claimed to have been severely intoxicated and not remember anything from the night. She was found unconscious by her family members the next morning, naked, and with a used condom next to her. The house was robbed and several electronic items were missing in the apartment. Pursuant to a DNA warrant, A.M.\u2019s DNA was found on the condom and within the vaginal canal of the complainant. A.M. was one of the attendees at the party. As a result, A.M. was charged with sexual assault. A.M retained Yuvika Johri of Neuberger & Partners LLP, Toronto Criminal Lawyers, to defend him on the charge. Yuvika Johri prepared a detailed application pursuant to s.276\/278 of the criminal code. It was the defence\u2019s position that the Complainant initiated sexual interaction with A.M. after she had already been having sexual intercourse with another individual in her room. When she did not finish, she initiated sexual intercourse with A.M. Several family members of the Complainant also testified about their observation of the complainant the next morning. The crown also called a DNA expert who was extensively cross examined by the defence. Yuvika Johri was able to establish a motive to fabricate as the Complainant was not allowed to have any parties at home and there were several rules to follow which she had broken on the night of the alleged offence. Just one year prior to the alleged offence, the Complainant\u2019s father had been arrested for an incident in relation to the Complainant using Xanax as a result of which, she was placed under strict house rules. These rules were violated on the night of the alleged offence. The Complainant\u2019s vape and jacket were also found in areas of the house where she claimed to not have been. A.M. testified on his behalf. After a 7-day trial, A.M was found not guilty of this charge as it was determined that the crown could not prove the case beyond a reasonable doubt and that the Complainant had a motive to lie.<\/p>\n
R. v. J. L (2025)<\/strong><\/p>\n <\/p>\n One count of Sexual Assault resolved by way of a peace bond mid-trial at the Ontario Court of Justice located in Toronto. The Complainant alleged that in the early months of 2022, she met J.L. at a party and started to date on and off. Sometime around February 2022, the two became serious about their relationship and moved into a Bachelorette. During their relationship, J.L. was going through a divorce. One night in May 2023, the Complainant alleged that she was laying in bed facing away from the accused. She was trying to sleep dressed in her t-shirt and underwear. The Complainant alleged that J.L. was laying naked next to her when he began to cuddle her, grabbed her left arm, and put her on her back. She claimed that J.L mounted on top of her, removed her underwear, and inserted his penis inside her vagina. The Complainant claimed that J.L forced vaginal intercourse until he ejaculated inside her. After the ejaculation, the complainant went off to sleep and so did J.L. J.L retained Yuvika Johri of Neuberger & Partners LLP, Toronto Criminal Lawyers, to defend him against the charge. Yuvika reviewed the disclosure and noted several issues with the crown\u2019s case. A detailed application under s. 276 of the criminal code was prepared which was successfully granted. On the day of the trial, the Complainant arrived late and decided to provide a further statement to the officer in charge in relation to new offences against the accused. She also provided an audio recording of an argument that took place days before the alleged sexual assault. As a result, the trial was adjourned due to last minute disclosure. After much back and forth with the crown in lieu of the last-minute disclosure and new statement which raised grave concerns about the complainant\u2019s credibility, Yuvika convinced the crown to resolve the case by way of a peace bond.<\/p>\n","protected":false},"template":"","success_category":[118,119],"class_list":["post-30018","success_story","type-success_story","status-publish","hentry","success_category-all-success-stories","success_category-sexual-assault-domestic-assault-and-other-violent-crimes"],"_links":{"self":[{"href":"https:\/\/nrlawyers.com\/6ixDev-v2\/wp-json\/wp\/v2\/success_story\/30018","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nrlawyers.com\/6ixDev-v2\/wp-json\/wp\/v2\/success_story"}],"about":[{"href":"https:\/\/nrlawyers.com\/6ixDev-v2\/wp-json\/wp\/v2\/types\/success_story"}],"wp:attachment":[{"href":"https:\/\/nrlawyers.com\/6ixDev-v2\/wp-json\/wp\/v2\/media?parent=30018"}],"wp:term":[{"taxonomy":"success_category","embeddable":true,"href":"https:\/\/nrlawyers.com\/6ixDev-v2\/wp-json\/wp\/v2\/success_category?post=30018"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}<\/p>\n