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Regina v. R.K. (2015)

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Charges of Sexual Assault, Sexual Interference and Invitation to Sexual Touching, stayed after evidence taken at the preliminary hearing. The complainant was the daughter of R.K.’s girlfriend. R.K. and the mother of the complainant had been in a committed relationship for three years. The complainant stated that for a two to three month period in the fall of 2014, R.K. had been touching her inappropriately. Defence lawyer Joseph Neuberger carefully reviewed the statements of the complainant and the mother of the complainant. Based on the statement of the mother, there appeared to very limited opportunity to have committed any of the alleged sexual assaults and more importantly when comparing the circumstances as described by the mother and the complainant, as to the nature of the relationships, the allegations seemed highly implausible. Defence lawyer Joseph Neuberger was able to retrieve deleted emails and social media contacts between the complainant and R.K. that showed a healthy and caring relationship almost up to the point that the complainant made her allegations. Just prior to making the allegations, the complainant’s mother had decided to list her house for sale in order to move in with R.K.. This caused considerable emotional fear for the complainant as she did not want the house sold. The defence believed that the allegations were based on the complainant’s fear of her life changing and her mother moving on with her life, such that the allegations were an attempt to break up the relationship with R.K. After testimony at the preliminary hearing and a recantation under examination, the Crown decided to stay all charges.

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