Category: Sexual Assault

Category: Sexual Assault

How the Recent Changes to the Criminal Code May Affect Your Sexual Assault Trial

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Wednesday August 14, 2019.

Joseph A. Neuberger Neuberger & Partners LLP www.nrlawyers.com If you have been charged with sexual assault, it is of the utmost importance that you and your lawyer lay out a coherent defence theory and obtain all necessary evidence to marshal your defence.  This will often include details of the complainant’s sexual history as it relates to your defence and to issues that are relevant in the evidence of the complainant. ...
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An Attack on the Right to Make Full Answer and Defence in Sexual Assault Trials

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Thursday August 01, 2019.

By Joseph A. Neuberger Neuberger & Partners LLP www.nrlawyers.com Growing public and media attention on the way sexual assault trials are conducted has increased the scrutiny upon defence lawyers and how these trials are conducted, with a focus on the way a complainant experiences the trial process. Since new legislation was passed in Canada, by Bill C-51 in December 2018, there are new rules governing evidence and the cross-examination of...
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Supreme Court of Canada Clarifies Use of Prior Sexual Activity and Re-defines Consent in Honest but Mistaken Belief in Consent Defences in Sexual Assault Cases

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Sexual Assault on Friday June 28, 2019.

Joseph A. Neuberger, LL.B., LL.M., C.S. Neuberger & Partners LLP www.nrlawyers.com In a recent precedent setting case out of Alberta, the Supreme Court of Canada overturned Bradley Barton’s manslaughter acquittal and ordered a new trial due to the Crown’s failure to be alert to the issue of the victim’s privacy regarding her sexual history. Mr. Barton was on trial for first degree murder in the death of an Indigenous woman...
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University Tribunals are no Substitute for Courts

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Sexual Assault on Monday June 10, 2019.

The growing concern to address sexual assault allegations on university campuses has resulted in a new vigilance to investigate and litigate allegations against students and faculty with little to no protection of the accused person’s fundamental rights.  Increasingly students and faculty members accused of sexual misconduct, even absent criminal charges, are being forced to participate in pseudo-trials designed by universities. The accusations being made through these tribunals are often very...
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Bill C-51 and its Implications.

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Sexual Assault on Monday January 28, 2019.

What is Bill C-51? According to the Government of Canada’s website it is, “Legislation introduced by the Minister of Justice and Attorney General of Canada on June 6, 2017 reflects the Government of Canada’s ongoing commitment to ensure that Canada’s criminal justice system protects Canadians, holds offenders to account, shows compassion to victims, and upholds the Canadian Charter of Rights and Freedoms.” Advocates for those falsely accused of sex crimes...
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The Common Use of Domestic and Sexual Assault Allegations

On behalf of Neuberger & Partners LLP posted in Domestic Violence, Sexual Assault on Thursday December 20, 2018.

We live in an age where sexual assault and domestic violence allegations are being taken more seriously than ever before. And for the true victims of these crimes, this comes as a welcome relief.  Sadly however, there are those that would take advantage of the seriousness of such allegations and falsely use them to their own benefit. Being falsely accused of domestic violence - whether an assault or sexual assault...
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CAPACITY TO CONSENT TO SEXUAL ACTIVITY

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Friday November 30, 2018.

Joseph A. Neuberger, LL.B., LL.M., C.S. Neuberger & Partners LLP Having defended well over 1000 sexual assault cases, a considerable percentage have involved alleged sexual assaults when both parties have been drinking or under the influence of a drug.  The thrust of the prosecution case is that as a result of the complainant’s level of intoxication, she or he lacked the capacity to consent to sex. Often during cross-examination the...
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Ontario doctor accused of sexual assault

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Sexual Assault on Monday September 03, 2018.

A physician is facing assault charges after a woman in her 50s alleged that he assaulted her at a medical appointment in 2016. Police say they charged the Ottawa, Ontario, doctor with sexual assault after reviewing a complaint the woman made in February of 2017. Investigators are asking other alleged victims to come forward. The woman said she was alone with the now 44-year-old doctor in an examination room when...
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Ontario doctor must pay thousands of dollars over sexual assault

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Sexual Assault on Monday August 20, 2018.

A still-practicing physician from Ontario has been ordered to pay nearly $700,000 in connection with a sexual assault for which he was found responsible last year. The Sarnia doctor was found liable in civil court of the 1999 sexual assault of a former colleague and friend and ordered to pay her $200,000 in damages. The doctor has also been ordered to pay prejudgment interest to the tune of more than $155,000, court costs...
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Sexual Assault Allegations and the Presumption of Innocence

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Monday July 16, 2018.

Any criminal allegation must be proven in a court of law beyond a reasonable doubt. All persons accused of an offence are innocent until proven guilty. That is the presumption of innocence. A sacrosanct principle that is crucial to any legitimate criminal justice system - the fundamental requirement of fairness. However, the mere statement of a complaintant can and often does result in the laying of charges. In a trial,...
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