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Client found not guilty of Sexual Assault and Assault after a three-day trial in the Ontario Court of Justice, Brampton.\u00a0 D.M. was in an unhappy marriage.\u00a0 Both he and the complainant were thinking about ending the marriage.\u00a0 The complainant had an argument with D.M. and while he was out with a friend, she contacted police and alleged a historical sexual assault and an assault.\u00a0 D.M. was charged. He retained Joseph Neuberger of Neuberger & Partners LLP to defend him.\u00a0 Joseph obtained a complete history and worked with the family lawyer representing D.M. in the matrimonial proceedings.\u00a0 The pleadings showed the complainant filed for divorce days after the arrest of D.M. and asked for an unequal distribution of the matrimonial assets and alleged a history of abuse both verbal and physical.\u00a0 The pleadings outlined significantly more allegations than her sworn police statement.\u00a0 Further, Joseph Neuberger, sent D.M.\u2019s smart phone to an expert to do an extraction of lost messages between the parties including days leading up to the argument and the day of the argument.\u00a0 Through the forensic analysis, relevant messages were obtained that showed the complainant was in fact asking D.M. to not leave the marriage and to work through their differences. However, on the day the complainant contacted police, she accessed his phone and sent herself a message thread D.M. had with another women about going away for the weekend.\u00a0 The message thread appeared that D.M. was starting a relationship with another woman and thus, seemed to be a motive for the complainant to make an allegation due to her anger at D.M.\u00a0 The matter proceeded to a motion under section 276\/278 of the Criminal Code to have the messages admitted. The motion was successful. At trial, the complainant was confronted with a series of messages that undermined her story to police, including rebutting that she was the one who wanted to end the marriage.\u00a0 Further, material inconsistencies were raised through cross-examination on her family pleadings.\u00a0 Finally, the forensic evidence demonstrating that she accessed his phone and retrieved D.M.\u2019s message thread with another woman created a strong motive to fabricate. Rather than just admitting that she had accessed his phone and sent the message thread to herself, she denied it.\u00a0 The defence called the expert and had admitted the forensic extraction into evidence.\u00a0 After testimony of D.M. and detailed written submissions, D.M. was found not guilty of both counts of Sexual Assault and Domestic Assault.<\/span><\/p>\n","protected":false},"template":"","success_category":[118,119],"class_list":["post-30028","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\/30028","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=30028"}],"wp:term":[{"taxonomy":"success_category","embeddable":true,"href":"https:\/\/nrlawyers.com\/6ixDev-v2\/wp-json\/wp\/v2\/success_category?post=30028"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}