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Client found not guilty of Sexual Assault after three-day trial in the Ontario Court of Justice, Newmarket. The client had been dating a fellow worker and after about 7 or 8 dates, had gone back to the complainant’s home after dinner. The complainant alleged that after helping her with something related to her car, Z.W. grabbed her, carried, and forced her upstairs into a bedroom. While in the bedroom Z.W. was alleged to have taken the complainant’s clothes off and sexually assaulted her. The complainant contacted police two days later and Z.W. was charged. Z.W. retained Joseph Neuberger of Neuberger & Partners LLP to defend him. After receiving the disclosure, what became interesting was photos taken of the complainant’s bedroom where the sexual encounter occurred and the washroom. The client had disclosed that after consensual sex, the complainant asked for money so she could buy some cloths that she wanted. This became highly relevant when the pictures of the room where Z.W. randomly took the complainant to contained in plain view two large boxes of condoms, lubricant, face masks, wipes and a waste basked with discarded condoms. Joseph Neuberger worked with Z.W. on his defence narrative and did a social media investigation which also assisted with the defence position. A 276/278 application was brought regarding areas of questioning and the admission of documents including numerous pictures Z.W. had taken of all their dates. The motion was successful. During trial Joseph Neuberger extensively cross-examined the complainant on her alleged version of the relationship. The complainant tried to minimize the dating and said was purely for business purposes and not romantic. Under cross-examination on numerous photographs including trips to the lake, trails and lavish dinners, the complainant finally admitted that romantic feelings had developed and there was no business discussed during the dates. There were other significant inconsistencies, but when faced with the questioning that the alleged rape consisted of Z.W. picking her up and bringing her to the second floor and randomly selecting a bedroom that by happenstance contained two boxes of condoms, lubricant and other related items, the complaint became visibly reluctant to answer questions and was evasive. The complainant eventually admitted that in fact Z.W., after sex, questioned her as to why there were some many condoms in her room and an argued ensued. Z.W. had accused her of being a sex worker and only having sex with him for material benefit. After the court considered all the evidence, the complainant was not a reliable witness and the evidence of Z.W. raised a reasonable doubt. As such, he was found not guilty of sex assault.