← More Recent Successes success stories

Client found not guilty of historical sexual assaults involving his daughter, after three-day trial in the Ontario Superior Court, Toronto. F.F. was having major challenges with his daughter doing her chores, attending school, and completing school studies. F.F. came from a very traditional Latin background where discipline was very important. The complainant was spending time online and had fallen into a poor group of friends. She became belligerent and defiant. F.F. caught her online on an adult chat site that he believed she was communicating with older men. F.F. lost his cool and threatened to kick her out of the house. The complainant believed him and called 911. She alleged that when she was 6 and 7 years of age, he sexually assaulted her and had been mean to her ever since. F..F. was charged with Sexual Assault, Sexual Interference, and Invitation to Sexual Touching. Joseph Neuberger was retained to defend F.F. Diana Davison assisted with the defence. Joseph gathered a history of messages between the parents and the complainant as she often refused to come out of her room. Thus, they could only communicate by text. The messages confirmed the home dynamic and F.F.’s complainants about her behavior. At some point, a tech expert assisted with the defence to obtain the chat and online history of the complainant simply showing the sites that she was viewing which indeed had adult content and contact with older men. At trial, Joseph Neuberger cross-examined the complainant extensively on the challenges with her father, the messages, he online history and then broke down the alleged mechanics of the sexual assault allegations. The timing was problematic, and Joseph Neuberger was able to get the complainant to admit that in fact during the time that she said the sexual assaults occurred, the mother was home and assisting with bedtime routines and often F.F. had to assist the complainant’s brother who has autism requiring a lot of attention. The complainant also completely forgot that the family had moved homes and during the time she first alleged the sexual abuse, she in fact had been sharing a bedroom with her brother, contrary to her original statement to police. F.F. testified and was believed by the court. After submissions, the Court found Mr. F.F. not guilty of all charges.