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Client found not guilty of two counts of sexual assault after a five day trial in the Superior Court of Justice, Bracebridge. The charges were of two separate complainants. One was alleged to have occurred in 2010 and the other in 2014. In 2014 G.C. met a lady off of Plenty of Fish website. They had a date. G.C. slept over at the complainant’s home and left the next morning. About three days later he was contacted by police and charged with sexual assault, allegedly holding the complainant down and masturbating in front of her. When that case was investigated, the police dug up a complaint from 2010 and reinvestigated that case and decided to lay the charge in addition to the 2014 allegation. The 2010 complaint was from G.C. seeing a young lady for about four to five weeks and she alleged that he forced sexual intercourse on her. Defence lawyer Joseph Neuberger was retained. Joseph Neuberger conducted a preliminary hearing and cross-examined each complainant in great detail. He also called other witnesses regarding the 2010 allegation that established exculpatory evidence. The case was then set down for trial in the Superior Court. The Crown brought an application for Similar Facts in order to support the credibility of each complainant. At trial Joseph Neuberger cross examined the 2014 complainant on a series of messaging that showed clearly an overtone of sexual interest prior to the date. In addition messages sent by the complainant immediately after the alleged sexual assault included “LOL” and a message that was at odds with her complaint. This evidence proved to be very compelling in undermining the credibility of the complainant. Joseph Neuberger was able to establish other areas of issues with her evidence that defied logic and common sense. Defence lawyer Joseph Neuberger challenged the second complainant on her memory issues, obvious fabricated evidence, inconsistencies and the fact that the complainant had found out after the date of the alleged intercourse that G.C. had in fact met and had a romantic night with her best friend. Joseph Neuberger then called the complainant’s sister who spoke with the complainant the day after the alleged sexual assault. The sister knew G.C. from coming around the home and was told by the complainant that she was “head over heels” for G.C., and that she was excited at her relationship with G.C. going to the next level. There were other statements made after the alleged incident including that the complainant found out about the relationship with her friend and only then went to the police. Defence lawyer Joseph Neuberger alleged that out of immaturity and anger, the complainant felt wronged and went to the police and made an allegation that was not true. At trial the client was well prepared to testify and gave his response to the allegations. In judgment, the Court dismissed the similar act application finding in fact that the two cases were not connected in time nor circumstances, and accepted the evidence of G.C. In fact, the Court accepted the defence argument in finding both complainants not credible. The judgment goes quite far in finding G.C. factually innocent. Thus G.C. was acquitted of both charges of sexual assault.