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R. v. H.S.C. (2024)

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Four counts of sexual assault, three counts of simple assault, one count of criminal harassment, one count of utter threats, and one count of assault choking withdrawn prior to trial at the Ontario Court of Justice, Toronto. The Complainant alleged that she was in a relationship with H.S.C. since 2019. She alleged that H.S.C sexually assaulted her in a violent manner on their first date. She alleged that he assaulted her in her car by sitting on top of her, biting her lips, and making them bleed. She claimed that she tried to open the car door but H.S.C. allegedly didn’t let her leave his car. He allegedly licked the blood off of her lips while trying to recline her seat to penetrate her. She claimed that the accused digitally penetrated her vagina and then continued to do so with his penis. The Complainant went on to describe in her police statement that sometime in September 2021, she learned that she was pregnant with H.S.C’s child. She claimed that H.S.C. took her on a vacation. During the vacation, she alleged that H.S.C was not happy about her pregnancy and allegedly blamed her for cheating on him. As a result, she claimed that H.S.C. beat her up in the woods all over her body. She claimed that he beat her so much that she lost her pregnancy and that H.S.C. did not allow her to return home or see a doctor for a few days as he was allegedly worried that she may report him. She advised that during their relationship, H.S.C. repeatedly raped her anally and stalked her. She also alleged that after she tried to break things off from him in 2022, H.S.C. allegedly followed her and her son from time to time. Lastly, she claimed that she met H.S.C once post breakup to as it was his birthday, however, H.S.C. allegedly screamed at her and threatened to kill her. She claimed that H.S.C. punched her, choked her, and pulled her hair. As a result of the allegations, H.S.C. was charged with Four counts of sexual assault, three counts of simple assault, one count of criminal harassment, one count of utter threats, and one count of assault choking. Yuvika Johri of Neuberger & Partners LLP, Toronto Criminal Lawyers, was retained to defend him on the charges. A 500-page comprehensive s. 276/278 application was prepared by Yuvika Johri. Text messages, WhatsApp messages, video, audio recordings, and H.S.C’s google timeline were provided in the application to rebut the Complainant’s allegations. The messages showed a different version of the relationship and showed that the Complainant had intentionally lied about the allegations. Google timelines were provided to show that H.S.C. and the Complainant returned home from their vacation next day unlike how the Complainant had alleged. Text messages were also used to show that the Complainant was never pregnant as alleged. Audio recordings were provided to show that the Complainant was dealing with jealousy issues and repeatedly accused H.S.C. of cheating on her. Video recording also showed the Complainant’s behaviour towards H.S.C on the day of their breakup which was contrary to her allegations. All charges were withdrawn against H.S.C. for no reasonable prospect of conviction prior to trial.

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