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Regina v. V.W. (2010)

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loitation x 3, withdrawn prior to trial in the Ontario Court of Justice, Scarborough. The client was charged with numerous allegations involving BDSM activities with his former spouse. The complainant alleged that she had never consented to such activities and was essentially held captive by the client. Defence lawyer Joseph Neuberger obtained recorded, in-person, conversations between the client and his wife, that were then transcribed and detailed in chart format contradicting the facts alleged by the complainant. In addition, after extensive technical investigation, the defence was also able to recover several text and emails between the client and the complainant prior to their marriage confirming her interest in marrying someone who was interested in BDSM play, and evidencing, not only her desire, but willingness to purchase equipment to enjoy such play. Additional defence investigation revealed a financial motive for the complainant to allege criminal allegations of sexual assault in order to obtain a financial payoff. In light of all of the evidence gathered by Joseph Neuberger, and then presented over the course of several meetings and judicial pre-trials, the Crown determined that there was no reasonable prospect of conviction, and accordingly all charges were withdrawn.

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