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T.X. was charged with three counts of Sexual Assault out of Newmarket courthouse. He was a manager at a restaurant where the complainant was an employee. The complainant alleged that when she turned 18, T.X. started to show romantic interest in her. The complainant alleged that on two occasions, T.X. kissed her with “a tongue by force”. She did not consent to the kisses and they were not welcomed. The complainant stated that attention from T.X. made her feel uncomfortable and that she was disgusted by him. On the last day of their interaction, the complainant alleged that T.X. touched her breasts and genitals over her clothes. The complainant didn’t want to go to work and told her sister and her mother about the sexual assault allegations. T.X. attended a police station and provided a statement. As a result, T.X. was arrested and charged with three counts of sexual assault. T.X. retained Mariya Protsenko and Daisy Zhang of Neuberger and Partners LLP.  Mariya compiled various pieces of evidence from the client and then set the case down for a trial. A two-day motion was also scheduled to admit other sexual history evidence at a trial. Prior to Stage 1 of the motion, T.X. advised Mariya that he downloaded surveillance video from the restaurant before his employment was terminated. He said that he previously reviewed the videos but did not locate any interactions with the complainant. As T.X. was stressed about the upcoming motion and trial, he reviewed the videos again.  T.X. found a video of him and the complainant kissing at the storage area of the restaurant. Mariya examined the video and realized that it depicted the subject matter of the offence, meaning, one of the kisses that the complainant alleged to be against her consent, and for which T.X. was charged with sex assault. Upon reviewing the video, it became clear that the kiss was not only consensual but initiated by the complainant. The complainant took T.X. to the storage area of the restaurant not to be seen by anyone. While there, the complainant took her face mask off, reached out to T.X. with her arms and started to kiss him passionately. The kiss lasted for over 10 seconds, and it was T.X. who stopped. The two left the storage area shortly after that.  Mariya amended her 276/278 Application to include the video and sent the video to the assigned crown. After a careful review of the video by the crown attorney and discussions in regard to how the video contradicts the complainant’s version of the events, the crown attorney agreed that the video made a significant impact on the complainant’s credibility. As a result, T.X. entered into a common law peace bond and the three charges of sexual assault were withdrawn.