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R. v. C.M. (2018)

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Client charged with Sexual Assault involving a female friend on New Year’s Eve at the complainant’s residence while her parents were home. C.M. retained Mr. John Navarrete as his lawyer. At trial, Mr. Navarrete embarked on an extensive cross-examination of the complainant at trial at the Ontario Court of Justice located at 1000 Finch Ave West. Mr. Navarrete established that the relationship included ‘casual sex’ among friends, that the complainant had asked her father to drive the client home after the alleged sexual assault, that the complainant had made the client breakfast after the alleged sexual assault, and that the complainant never mentioned anything to her parents or sought immediate help. In addition, despite the complainant’s testimony that she was afraid of the complainant after the alleged sexual assault, she in fact went shopping with him a month later and they took selfies of themselves “playing and hanging out” at her parent’s home. Ultimately, the trial judge found C.M. not guilty as the aforementioned evidence along with the client’s testimony of consent raised a reasonable doubt.

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