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Rex v. R.P. (2023)

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Charges of Sexual Assault x 7, Sexual Interference x 7, withdrawn on the first day of trial. R.P. was charged by a family member with historical allegations of sexual assault dating back some 12 to 14 years. These events were alleged to have happened over a consistent period of time during family functions, sleepovers and other family gatherings. Joseph Neuberger, Diana Davison and Nick Whitfield of Neuberger & Partners LLP, Toronto Criminal Lawyers, were retained. The complainant provided three statements. Each statement was transcribed and then broken down into a timeline with a chart of inconsistencies. Then interviews were conducted with various family members to build the defence narrative that would refute circumstances of each offence dealing with opportunity, place and context of all parties present when some of the offences were to have taken place. The breakdown, history, and witness interviews refuted a number of the complainant’s sex assault allegations. For example, during certain time periods when offences were alleged to have occurred, R.P. was not in the city. Extensive time was put into preparing the client and witnesses for trial and developing the cross-examination. On day one of the trial, discussions between the defence and Crown resulted in a withdrawal of all charges in exchange for the client signing a common law peace bond.

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