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Charges of Sexual Assault x 5 withdrawn prior to setting a date for trial, Toronto. R.S. started an affair with a fellow employee who he was indirectly supervising.\u00a0 The employee moved to a different role and the two carried on an affair for two years.\u00a0 R.S. started to pull away from the relationship trying to gently end it as he was regretting his actions because he was married.\u00a0 He had several discussions with the fellow employee who was rather unhappy about him wanting to end the relationship.\u00a0 After he ceased intimate contact, she walked into a police station and provided a statement to police giving rise to five charges of sexual assault.\u00a0 R.S. retained Joseph Neuberger of Neuberger & Partners LLP, Toronto Criminal Lawyers.\u00a0 At the outset Joseph Neuberger asked about all communications and any video or audio with the complainant.\u00a0 R.S. had deleted everything but still had his phone.\u00a0 Joseph retained a digital forensic expert and after some time, considerable data was recovered and extracted.\u00a0 Once disclosure was received, Joseph and Diana Davison worked through the client\u2019s evidence to line it up with the dates of the allegations and the narrative of the complainant.\u00a0 Joseph drafted an RPC memo (reasonable prospect of conviction memo) for the Crown to assess the strength of the case.\u00a0 Joseph turned over 30 or more messages, multiple video, and audio recordings.\u00a0 The client had recorded three important conversations with the complainant when he was attempting to end the affair.\u00a0 The video evidence consisted of the complainant recording sex toys she had brought into the office for encounters and provided audio descriptions of them and what she wanted to do.\u00a0 Messages often were highly sexualized with the complainant often initiating the contact or replying with enthusiasm.\u00a0 Further the audio recordings were not only devastating to the complainant\u2019s narrative but frightening in the sense that the complainant\u2019s statement was diametrically opposite to the recordings and hence the truth. One audio was the complainant being upset at R.S. not satisfying her.\u00a0 Another was the complainant threatening to ruin R.S. life because he would not leave his wife.\u00a0 In fact, her statements were incredibly insidious including \u2013 \u201cit makes me so happy and I laugh to see your face when I tell you, I will ruin your life\u201d.\u00a0 Numerous comments were made consisting of threats with little to no regard for R.S. emotional state and were directly aimed at intimidating him to stay in the relationship and leave his wife. The third audio was an argument about her wanting a permanent relationship with R.S.\u00a0 That she would leave her partner and want to have a marriage with R.S.\u00a0 The complainant\u2019s statement specifically mentioned that she was continually harassed, sexually abused, and manipulated by R.S. with not a hint of her involvement in a mutually consensual affair.\u00a0 This was one of the worst cases of fabrication we have seen at the firm.\u00a0 See our podcast<\/a> episode on this case \u2013 Not on Record \u2013 on YouTube.\u00a0 After the Crown reviewed all defence evidence, all charges of Sexual Assault were withdrawn.<\/p>\n","protected":false},"template":"","success_category":[118,119],"class_list":["post-30024","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\/30024","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=30024"}],"wp:term":[{"taxonomy":"success_category","embeddable":true,"href":"https:\/\/nrlawyers.com\/6ixDev-v2\/wp-json\/wp\/v2\/success_category?post=30024"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}