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Client found not guilty of Sexual Assault after three-day trial in the Ontario Court of Justice, Newmarket. K.Q. was a teacher at a very prestigious boys’ school. After a school event, various teachers attended a party to celebrate the end of term. At some point latter in the evening, K.Q. and another teacher were cuddling on a couch at a colleague’s home. There was some intimate touching but one particular intimate sexual touch under clothing in the chest area of the complainant became an issue. After the touch, the complainant bit K.Q. K.Q. apologized the next day and apologized in text. The complainant went to police and K.Q. was charged with Sex Assault. Joseph Neuberger was retained as the criminal defence lawyer. The defence team consisted of Joseph Neuberger, Mariya Protsenko and Diana Davison. The history of the complainant and K.Q. was extremely relevant as to how and why K.Q. interacted with K.Q. just prior to and during the impugned evening. After careful review of all the prosecution evidence, and the history provided by the client, there was a dynamic of over two years with intimate physical touching and an emotional bond wherein there were mixed signals that impacted how K.Q. thought about his relationship with the complainant. Such acts included hand holding in public, dancing, nights at each other’s home, and other relevant intimate contact. The complainant maintained it was a purely platonic relationship. For trial, careful, and strategic attention was given to advancing the defence of honest but mistaken belief in communicated consent to defend the sexual assault allegation. Considerable time was spent on the case law, crafting the cross-examination of the complainant, and preparing K.Q. for testimony. A motion was brought prior to trial under section 276 and 278 of the Criminal Code to advance evidence of prior sexual history. The defence motion under section 276 and 278 was successful. At trial cross-examination was able to bring out a significant inconsistency from the statement of the complainant with her in-court testimony, as well as various critical factors prior to the date of the alleged offence that impacted the state of mind of K.Q. The defence of honest but mistaken belief in communicated consent is a very complex defence and accordingly written submissions were provided by the defence to assist the court to make critical determinations of fact and law. Extensive time was spent on drafting the closing submissions. As a result, K.Q. was found not guilty of the offence of Sexual Assault.