← More Recent Successes success stories

Client found not guilty of Sexual Assault x 3 and Domestic Assault after a three day trial in the Ontario Court of Justice, Newmarket. D.C. was charged during the initial stages of a separation by his wife. His wife alleged that sometime in the fall of 2012 D.C. started to sexually assault her in order to convince her to move ahead with divorce proceedings. In January 7, 2013 D.C. was alleged to have not only sexually assaulted his wife but also forced her down on a bed and caused injury to her wrist. On January 7, 2013, the complainant left the house after the alleged assaults and went directly to her family law lawyer. On January 10, 2013 the complainant went to police and D.C. was charged with the four criminal offences. Joseph Neuberger, defence lawyer, cross-examined the complainant on her family court filings including the initial application seeking sole custody of the children and the exclusive possession of the house. The Application, of course, included the charges but also allegations of ongoing abuse in the marriage. D.C. was not able to gain access to his children for several weeks after released on bail. Once an interim order was put in place, D.C. only had limited access to his children and was prevented from any access to the matrimonial home. Joseph Neuberger was able to establish in cross-examination that the complainant knew the effect criminal charges would have on her success in obtaining full custody and exclusive possession of the home. Further, Joseph Neuberger was able to establish significant inconsistencies between her in-court testimony and her statement. Joseph Neuberger spent considerable time preparing D.C. for his testimony. In the court’s decision, the judge accepted the evidence of D.C. and found serious concerns with the complainant’s evidence including the implausibility of her allegations. The court relied on the cross-examination of the complainant in concluding that D.C. had to be found not guilty.