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Charges of Sexual Assault x 2 withdrawn after successful Application brought under section 276/278 of the Criminal Code for the admission of prior sexual history evidence and documents, Newmarket. P.M. was charged several years after the end of his relationship with the complainant. The two dated in high school for about a year and a half. The two broke up and remained friends. Over the course of the time, the complainant started to suggest in messages and over calls that he had forced her into sex on a number of occasions that was not consensual. P.M. remained friends with the complainant but tried to distance himself. After a number of communications over the course of weeks, the complainant stopped communication and then went to the police and P.M. was charged with two counts of historical sexual assault. Joseph Neuberger, Neuberger & Partners LLP, was retained to defend the charges. Joseph Neuberger had Diana Davison assist on the defence, and there was considerable time devoted to investigating the past history o f P.M. and the complainant including gathering all past communications that totalled over 1000 messages, and several letters. The documentation was extremely helpful in understanding the background to the relationship but more importantly the activities between P.M. and the complainant was unusually detailed in the messages. In particular, one letter sent by the complainant just prior to the end of the relationship was highly relevant as to the true nature of their intimacy and significantly rebutted the narrative of the complainant. Joseph Neuberger prepared for trial and brought a motion to introduce prior sexual history evidence, and a series of relevant communications including this one letter. The Application, Factum and Affidavit of the client was drafted and filed. The Application was argued over the course of two days and was successful. The Application and Factum was drafted laying out in great detail the evidence that undermined the complainant’s version of events as well as the defence evidence. The drafting of these applications is very important to laying out a foundation for the admission of prior sexual history and communications between the parties. Once the Application was granted, the Crown spoke with Joseph Neuberger, and a determination was made that there was no reasonable prospect of conviction. As a result, the two charges of sex assault were withdrawn.