Category: sexual assault

Category: sexual assault

University Tribunals are no Substitute for Courts

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Sexual Assault on Monday June 10, 2019.

The growing concern to address sexual assault allegations on university campuses has resulted in a new vigilance to investigate and litigate allegations against students and faculty with little to no protection of the accused person’s fundamental rights.  Increasingly students and faculty members accused of sexual misconduct, even absent criminal charges, are being forced to participate in pseudo-trials designed by universities. The accusations being made through these tribunals are often very...
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CAPACITY TO CONSENT TO SEXUAL ACTIVITY

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Friday November 30, 2018.

Joseph A. Neuberger, LL.B., LL.M., C.S. Neuberger & Partners LLP Having defended well over 1000 sexual assault cases, a considerable percentage have involved alleged sexual assaults when both parties have been drinking or under the influence of a drug.  The thrust of the prosecution case is that as a result of the complainant’s level of intoxication, she or he lacked the capacity to consent to sex. Often during cross-examination the...
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Sexual Assault Allegations and the Presumption of Innocence

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Monday July 16, 2018.

Any criminal allegation must be proven in a court of law beyond a reasonable doubt. All persons accused of an offence are innocent until proven guilty. That is the presumption of innocence. A sacrosanct principle that is crucial to any legitimate criminal justice system - the fundamental requirement of fairness. However, the mere statement of a complaintant can and often does result in the laying of charges. In a trial,...
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Sexual assault in Ontario: Understanding the age of consent

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Wednesday November 01, 2017.

The age of consent for having sex is an often debated issue. It is an important question to have answered, however, since it can be the difference between something completely permissible or sexual assault, if one of the individuals in question is still at a young age. For instance, what happens when a 15-year-old female and a 21-year-old male have sex? In a particular case that involved the Ontario Court...
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New evidence presented in Toronto police sexual assault trial

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Tuesday June 27, 2017.

Sexual assault trials are high-stakes affairs for those on both sides of the allegation. These cases are notoriously complex, especially when substance use is involved. This week, the defence for Toronto police officers accused of sexual assault produced video evidence that raised questions for jurors and the general public alike. During closing arguments, the defence showed a video of an intoxicated man being led into a hotel by his friend. The man,...
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Teacher facing multiple sexual assault accusations from students

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Sunday June 11, 2017.

To work in a profession that requires one to be in a position of trust can be both a blessing and a curse. The public generally holds such people in high regard; doctors, police officers, teachers and others have respect in their communities. They are also held to a higher standard than most other professionals. When allegations of misconduct circulate, public reaction can be swift and strong, even before a conviction....
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Toronto Uber driver accused of sexual assault by young passenger

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Thursday June 01, 2017.

The dynamic of a taxi is a unique one: one driver transporting perhaps only one passenger, a complete stranger, to another destination in the driver's car. It is impossible for anyone other than the occupants of the vehicle to know exactly what transpires through the duration of the trip. An accusation of criminal wrongdoing may be merely a case of "he said, she said" and yet can cause a major...
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Toronto man arrested for alleged sexual assault on pregnant woman

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Thursday May 25, 2017.

As has been mentioned in this blog before, media scrutiny makes it difficult for anyone accused of a crime to lead a normal life. Although any person suspected of committing a crime is innocent until and unless shown to be otherwise, that will not prevent the media from circulating the name and photograph of someone accused of a crime. It's a difficult situation for any person, but that shouldn't prevent him...
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Allegations of sexual assault against Toronto transit rider

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Tuesday May 02, 2017.

These are volatile times for gender relations issues. How society perceives sexual assault, and how the legal system deals with it, are under intense scrutiny of late. Without a doubt, sex crimes are a serious matter, and it is good to maintain an open dialogue with hopes of changing how people think about these types of crimes. It is, however, a very bad time for anyone accused of sexual assault, as...
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Bus passenger facing multiple sexual assault charges

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Tuesday April 11, 2017.

To be suspected of a sex crime is a difficult situation to handle. Modern electronic media assures the quick dissemination of the suspect's name and image, and reputations can be tarnished overnight, long before guilt or innocence can be adjudicated. A man accused by three women of sexual assault on public transit in and around Toronto is one of the most recent examples. The first incidents allegedly happened on a TTC bus in Toronto's...
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