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R v. J.C.B. (2016)

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Charges of sexual assault, sexual interference and internet luring withdrawn after extensive defence investigation. The client had met the complainant through an online dating site. The communications between the two continued for two weeks prior to meeting up. The initial communications were via the dating site but the majority of communications were by text messaging. The two met, went on a date and eventually had an intimate encounter. J.C.B. shortly after stopped communicating with the complainant because of excessive messages and calls. J.C.B. also came learn that the complainant was 15 and not 20 as she had noted on her profile. A few weeks later the mother of the complainant saw some of the text messages and that J.C.B. was 29. Police were contacted and charges were laid. The complainant gave a statement that included allegations that she was forced to have intimate contact with J.C.B. and had been clear with him that she was under age. After the charges were laid the complainant started to communicate again with J.C.B. Defence Lawyer Joseph Neuberger was retained. Each text message was downloaded and saved as defence evidence. Also, Joseph Neuberger retained on the client’s behalf a technology expert to retrieve all of the several hundred text messages between his client and the complainant. Defence Lawyer Joseph reviewed and organized the messages in groups establishing that the complainant led J.C.B. to believe she was older and experienced. Joseph Neuberger then hired a private investigator who pretended to be the client and messaged with the complainant on his phone. A strategy was employed to relate many of the past text messages in their ongoing communication to obtain admissions that she pretended to be older; that she pursued J.C.B. and not only consented to intimate contact, she had helped arrange the date and had talked about wanting to have intimate contact with J.C.B. After several hours of communications there was plenty of defence evidence to prove the complainant felt forced to give the statement she did because of her mother’s pressure and that she did not tell the truth to police. Defence Lawyer Joseph Neuberger prepared a document brief of all of the messages and disclosed the material to the Crown prosecutor. As a result all charges were withdrawn as the client was innocent. The client is now considering civil action for damages to his reputation and for the legal fees he spent.

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