← More Recent Successes success stories

Charge of Sexual Assault against E.K. withdrawn in the Ontario Court of Justice, Newmarket.   E.K., a chiropractor, was charged with sexual assault following a treatment session with the complainant, his patient. The complainant alleged that while lying face down on E.K.’s chiropractic treatment table during a lower spine treatment, he drooled on her, exposed and then licked her buttocks.  Joseph Neuberger, Neuberger & Partners LLP, Toronto Criminal Lawyers, was retained to defend the case. While DNA evidence established that a bodily fluid from E.K. was transferred to the complainant while he was bending over and performing the treatment, E.K. maintained that he was suffering from allergies at the time and that any fluid the complainant on her was likely an inadvertent nasal drip.   Because the complainant was lying face down at all times, she was unable to see what, if anything, actually happened.  The matter was set down for trial as the Crown originally refused to withdraw the charge given the complainant’s insistence that she was sexually assaulted.  After lengthy discussions leading up to and including the day of trial, the Crown was persuaded as to the weaknesses in the complainant’s evidence.   The Crown, as a result, agreed to withdraw the charge.