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Charges of Sexual Assault and Sexual Interference withdrawn prior to trial and after 278 motion on records, Ontario Court, Pembroke. A.D. had shared custody of his daughter. After and exchange of the daughter, there was complaint from the 6-year-old daughter about being touched by her father in her private area during bathing time. An investigation commenced and A.D. was charged with sex assault and sexual interference. Joseph Neuberger, of Neuberger & Partners LLP, was retained to defend A.D. Joseph obtained medical records related to the child having UTIs because of improper cleaning with medical notes instructing the parents to assist with cleaning to ensure the area in question was cleaned especially after the child when to the washroom. A.D. provided details as to what he followed to instruction and assist his daughter. He was in a complete shock about the allegation. Further, a careful analysis was done of the statement of the young child with a memo breaking down the issues with the statement. Suffice to say, there were major issues with the content that the child, even with the current case law regarding how to assess a child witness, the evidence could not be relied upon. The memo and all medical records were disclosed to the Crown. Unfortunately, the Crown decided to prosecute, and the matter was set for trial and a 278 motion to admit the medical records. After the motion record was filed with a detailed explanation of how the records were relevant, with laying out the defence and the issues with the statement, the Crown withdrew the charges of sexual assault and sexual interference. * This case shows how easy as a parent it is to get charged with an innocent touch for the health of the child when taken to an extreme by authorities.