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Rex v. R.R. (2023)

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Client found not guilty of three counts of Sexual Assault after a five-day trial at the Ontario Court of Justice, Oshawa. The Complainant was an employee of R.R. who worked as a Bartender at his restaurant from December 2015 to April 2018. She alleged that over a course of two years, R.R. abused his position of authority and forced her to have sexual relations with him. In her police statement, the Complainant alleged that the first incident took place within three months of her employment when she walked into R. R’s office to cash out for the night. As she entered his office, R.R. allegedly locked the door and kissed her without her consent. The Complainant then alleged that within a month from this incident, R.R. forcefully took her to the parking lot and made her perform oral sex on him. Shortly thereafter, she also alleged that R.R. would force her to have sexual intercourse with him every Sunday and Monday nights after she finished her shift. The Complainant resigned in 2018 and reported him to the police in 2021 to have him charged with sexual assault. R.R. retained Yuvika Johri of Neuberger & Partners LLP, Toronto Criminal Lawyers, to defend him on the charges. The defence gathered from the client a vast amount of messages, her job application, and photographs which undermined the Complainant’s evidence. In her statement, the Complainant stated that she dreaded working on Mondays, had no relationship with R.R., never flirted with him, and stopped all communication with him after her resignation. The defence brought a section 276/278 Application prior to trial to admit “other sexual activity” evidence and messages as relevant evidence to rebut the narrative of the complainant and her characterization of the relationship. The Application was argued over the course of two days and was successful. The Application was drafted laying out in great detail the evidence that undermined the complainant’s version of events as well as the defence evidence. The Application was successful, and all material were ruled admissible. The matter went to trial and Yuvika Johri cross-examined the complainant for two days. In cross-examination the complainant denied a number of obvious facts that were set out in the messages and asserted that she never had a relationship with R.R. Through extensive cross examination, Yuvika Johri was able to establish significant inconsistency from the statement of the complainant to the police with her in-court testimony. After a five-day trial, R.R. was found not guilty of all sexual assault charges.

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