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← More Sexual Assault, Domestic Assault, and Other Violent Crimes success stories

Client acquitted of assault causing bodily harm and sex assault following a two-day trial at the Ontario Court of Justice, St. Catharines. The complainant alleged non-consensual cutting during a BDSM show-and-tell. The accused testified that the cutting was consensual. Mr. Whitfield argued successfully at a pretrial motion for the admission of text messages sent unsolicited from the Complainant to the accused praising the time she spent with him and requesting further BDSM activities. Defence submissions focused on significant inconsistencies in the Complainant’s evidence and on the accused’s believable and largely unchallenged testimony. The judge believed the accused’s version of events and acquitted him on the spot.