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Wrongful accusations in sexual assault and domestic violence cases have quietly become one of the most serious and least discussed problems in Canada’s criminal justice system. As Joseph Neuberger recently warned in a feature published by Canadian Lawyer, the consequences of uncritical investigations, mishandled digital evidence, and politically charged enforcement have created what he describes as a “hidden crisis.”
Drawing on more than two decades of front line criminal defence experience, Joseph Neuberger has seen his practice evolve almost entirely toward defending sexual assault and domestic violence allegations. Many of these cases arise out of high-conflict relationships, separations, and divorces, where emotions run high and narratives can harden quickly. As he explains in the Canadian Lawyer article, staying current on legal developments in this area is so critical that his firm produces a dedicated sexual assault law update to track changes in legislation, case law, and investigative practices.
When allegations collapse under scrutiny
One recent case highlights the problem. A husband accused of abusing his spouse was initially portrayed as controlling and violent. However, once the defence obtained and analyzed the full digital record, including complete message threads, timelines, and expert evidence, the complainant’s account no longer aligned with the objective data. The court ultimately accepted that the evidence contradicted the allegations.
According to Neuberger, these outcomes are not rare. He has long argued that men in domestic relationships can be victims of physical and emotional abuse, yet investigative assumptions often prevent that reality from being explored. When police begin investigations from the premise that the complainant is truthful and the accused is guilty, alternative explanations and exculpatory evidence are frequently ignored.
The danger of selective digital evidence
Digital evidence should act as a safeguard against wrongful prosecutions, but Neuberger warns that it is often mishandled. In his experience, officers frequently rely on complainants to provide screenshots or selected messages rather than seizing devices and examining full conversations with proper forensic context. That approach creates fertile ground for cherry-picked narratives, missing dates, and misleading fragments of communication.
In an era where messages, images, and even voices can be manipulated or generated using artificial intelligence, this hands-off approach is increasingly dangerous. Without rigorous scrutiny, incomplete digital records can form the backbone of charges that should never have been laid.
Tunnel vision and charge-first culture
Neuberger also points to systemic tunnel vision. Once investigators adopt a particular narrative, they often seek only information that confirms it. In his own files, he estimates that in roughly three out of ten cases, his team is able to demonstrate that allegations are demonstrably false, yet those matters still advanced far enough to cause lasting personal, professional, and reputational damage to the accused.
Even acquittals do not undo that harm. Clients may lose employment under morality clauses, face ongoing disclosure of charges during background checks, or see disproven allegations recycled in family court proceedings. In the most devastating cases, Neuberger has witnessed individuals take their own lives after charges were withdrawn or dismissed, overwhelmed by the cumulative impact of public accusation and prolonged litigation.
A call for reform and balance
Neuberger’s proposed solutions focus on restoring investigative rigour. He argues for police protocols that require full digital evidence collection, not curated submissions, and for enhanced charge screening by Crown attorneys to ensure there is a genuine reasonable prospect of conviction before cases proceed. He also calls on political leaders to acknowledge openly that false allegations are not vanishingly rare, and that justice is not served by lowering investigative standards in pursuit of higher conviction statistics.
At the same time, Neuberger remains deeply invested in strengthening the legal profession and public understanding of criminal law. Through mentorship within his firm, community leadership with the Canadian Jewish Law Association, charitable initiatives such as Lawyers Feed the Hungry, and his Not On Record podcast, he continues to push for a justice system that protects complainants while rigorously safeguarding the rights of the accused.
Read the full Canadian Lawyer article
This article is based on Joseph Neuberger’s recent interview with Canadian Lawyer. To read his full commentary and analysis in his own words, visit: https://www.canadianlawyermag.com/practice-areas/criminal/joseph-neuberger-warns-of-wrongful-accusations-in-sexual-assault-prosecutions/393578
