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R. v. M.C. (2023)

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Client found not guilty of four counts of Sexual Assault at the Ontario Court of Justice, Newmarket. The Complainant and M.C. were common law partners with three children. The Complainant alleged that she had separated from M.C. for a few years, but they had agreed to live together in the same house for the sake of their children. She also explained that during their separation, they continued having sexual relationship with each other. However, she alleged that they stopped having sexual relations a year prior to M.C’s arrest. The Complainant alleged that 6 months prior to M.C’s arrest, M.C. sexually assaulted her on four different occasions. She alleged that the first two times, M.C. walked in to her bedroom in the middle of the night and put his hands inside her pants without her consent. She claimed that on the third and fourth occasion, M.C. cornered her in the kitchen, removed her top, kissed her and fondled her breasts without her consent. Yuvika Johri of Neuberger & Partners LLP, Toronto Criminal Lawyers, was retained to defend him on the charges. An independent investigation of the Complainant’s social media account was done by the defence. Defence found two TikTok videos posted by the complainant post M.C.’s arrest. A s. 278 records application was brought to admit these videos into evidence at trial along with other defence materials. The application was successfully argued over three days and defence materials were deemed admissible. During the trial, Yuvika Johri crossed examined the Complainant for two days. It was defence’s theory that the Complainant was using the criminal case as a means to gain notoriety as a social media influencer. She denied that she did not do anything to make her posts go viral even though there were several hashtags on her posts. Yuvika Johri was able to establish several inconsistencies in the Complainant’s motive to make the allegations against M.C. After a four-day trial, M.C. was found not guilty on all charges of sexual assault.

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