← More Recent Successes success stories

Client found not guilty of Sexual Assault after one day trial in the Ontario Court of Justice, Toronto. Mr. D.X. was alleged to have targeted a young lady at a University library and touching her in a sexual manner. Defence lawyer Joseph Neuberger was hired. After extensive investigation by the defence, more information came to light including the two persons had met on two prior occasions at the library and had extensive conversations about work and life. This was thus not a stranger to Mr. D.X. Joseph Neuberger worked closely with the client to prepare him for his testimony at trial. Mr. D.X. in fact stated that they had spoken at length and on the day of the alleged sexual assault he states that he was propositioned to be a sugar daddy to the complainant and an argument ensued. At trial and under cross examination by Joseph Neuberger, the complainant conceded two prior meetings with the client at the library where they discussed a wide range of topics about work, personal life and her struggles financially. She conceded exchanges names and saying she hoped to see my client again. These admissions under cross-examination were critical to undermining her story about this being a complete stranger. In addition under cross examination the complainant made up two other allegations of touching that were not in her video statement. Joseph Neuberger has all witness statements transcribed and was able to critically cross-examine the complainant and establish material inconsistencies. In the defence case, D.X. testified in a detailed believable manner. At the end of the trial the judge determined that the burden of proof beyond a reasonable doubt had not been achieved and the client was found not guilty. This case demonstrates the importance of extensive trial preparation with a client and skillful cross-examination in a climate where complainants are being presumptively believed about sexual assault allegations.