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Charges of Sexual Assault x 2, Sexual Assault Choking, Assault Causing Bodily Harm, Assault, Forcible Confinement, Mischief Under and Threaten Death, all withdrawn on the first day of trial, Oshawa. A.F.S. was living at home with his spouse during the initial stages of their separation. A.F.S. rejected overtures to reconcile and moved forward with divorce. His wife went to police and complained of intimate partner abuse including sexual abuse both current and historical in nature. A.F.S. retained Joseph Neuberger of Neuberger & Partners LLP, Toronto Criminal Lawyers, to defend him. Joseph Neuberger reviewed the disclosure and obtained from the client a fairly extensive history of messaging between him and the complainant over the last twelve months of the relationship demonstrating that A.S.F. was distancing himself from contact and communication with the complainant; was nothing but polite and but was firm in his rejection of requests to reconcile and to have intimate time together. It was clear the complainant was pursuing A.S.F., and the complainant was expressing her frustration and rejection. Just after the complainant went to police, the complainant disclosed to the police an email she allegedly sent to A.S.F. dated the day prior to her statement to police, telling A.S.F. that he could not sexually assault her. Joseph Neuberger was convinced this email was constructed to provide some confirmation of her allegation and prior disclosure. Jospeh Neuberger asked for the complainant’s phone to be secured for disclosure of the meta data of the email. The complainant refused and no disclosure was provided of the meta data to establish when the email was created. Further, Joseph Neuberger, brought a 276/278 Application to admit “other sexual” history evidence and all the records – the messages between the complainant and A.S.F. The Application was successful and on the first day of trial, the complainant would not attend court for trial. As such, the charges were withdrawn.