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Regina v. D.T. (2020)

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Charges of Sexual Assault,  Sexual Interference, Invitation to Sexual Touching, Obtaining Services for Consideration of Person under 18, Make and Possess Child Pornography all withdrawn at start of trial.  The client was on a website known as Secret Benefits and had contacted someone advertising as a 19 year old.  One thing led to another and a few days after being at D.T.’s residence police attended for an unrelated issue and it was discovered that the complaintant was under 18. At all times the complainant represented herself as at least 18 years of age. However D.T. was charged with various offences arising from his activities with the complainant.  Joseph Neuberger was retained as the Criminal Defence Lawyer. The crown operated on the basis that D.T. had to take “all reasonable steps” to verify the age of the complainant. Defence lawyer Joseph Neuberger obtained all of the messaging and posts relevant to establish that the complaintant represented herself and answered questions consistent with being 18 and 19. The case law does not establish that requesting and checking the person’s identification is necessary. D.T. did take reasonable steps and as such all charges withdrawn.

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