Boyfriend Sexually Assaulting Girlfriend (Cochrane) – Charges Withdrawn

Charges:
CC: s.266 – Assault x 3, s.271 – Sexual Assault x 2

Allegations:
My teenaged client assaulted his girlfriend of 1.5 years numerous times.  One charge related to him grabbing her thighs and pinching her hard multiple times, and in a non-playful manner, resulting in bruises all up her thighs.  Another time, his girlfriend discovered he cheated on her and she slapped him, so he punched her in the face and knocked her to the ground.  Another time, he had gotten into an argument with his brother and was angry.  His girlfriend was sitting with her back against the couch when he approached her and kicked her in the face for no reason.  Regarding the sexual assault allegations, while on the school bus one day, he noticed that she was upset about something and crying.  He sat beside her and grabbed her face and tried to force her to kiss him.  When she resisted and pulled away, he pulled out his erect penis and began to masturbate in front of her.  He then forced his hand inside her panties and grabbed her vagina.  She tried to fight him off, but he continued to force his fingers inside her.  When she reported it, he threatened to beat the shit out of her.  On another occasion he pushed her head down between his legs to his penis, and held it there, demanding that she perform oral sex on him.  She refused and tried to pull away several times, but he kept trying to force her.

Result:
Charges Withdrawn.  Resolved with a Peace Bond.

Charges:    CC: s.151 – Sexually Touching a Minor, s.271 – Sexual Assault, s.270(1)(B) – Assault with Intent to Resist Arrest, s.129(A) – Resisting Arrest.

Allegations:
My client was at the Grey Eagle Casino Event Centre for a concert.  He was intoxicated and approached a random girl there, placing his hands on her lower back and buttocks.  She notified a security guard, who then tried to force my client to leave.  However, he resisted and became aggressive with security.  When police intervened, and tried to place my client under arrest, he assaulted a police officer, grabbing him and ripping his uniform, and tried to strike at other officers.  He was wrestled to the ground and subdued.  After being brought back to his feet, he tried to take a police officer’s service pistol.  Again, he was wrestled to the floor and subdued.  As they were escorting him outside the building, he was angry and swearing and kicked at a glass panel door.

Result:
Charges Withdrawn.  My client received a Conditional Discharge for obstruction.

Charges:
CC: s.271 – Sexual Assault

Allegations:
My client sexually assaulted a woman at a friend’s big 50th birthday house party.  The woman was using the washroom, and when she opened the door to leave, my client, who was standing there, pushed her back into the washroom and closed the door.  He then began shoving his hands down her pants, trying to touch her vagina.  She fought him off and left.

Result:
I was able to keep my client out of jail by getting him a Conditional Sentence Order for 6 months, followed by 12 months probation, with a curfew.

Charges:
CC: s.271 – Sexual Assault

Allegations:
My client, who worked in Banff, went out with some work friends in Banff, then ended up at his staff accommodations and continued to party until everyone passed out.  In the morning, the complainant woke up naked, and in bed with my client, who was spooning her, with his fingers inside her vagina and feeling her breasts.  She jumped out of bed, and yelled: “What the fuck?!”

Result:
Charge Withdrawn.  Resolved with a Peace Bond

Charges:
CC: s.271 – Sexual Assault, s.151 – Sexually Touching a Minor, s.266 – Assault

Allegations:
My 18 year-old client was living with his mother’s best friend’s family in Calgary.  One night, while the parents were out, my client was playing video games with their 14 year-old daughter in her bedroom.  My client consumed a great deal of alcohol, smoked a lot of marijuana and was extremely intoxicated.  He then began forcing himself onto her sexually.  She tried to fight him off, but he became increasingly forceful and violent.  He threw her into a wall and punched her in the face.  She tried to leave the house, but he pulled her back into the bedroom by her hair.  He pushed her onto the bed, aggressively pulled off her shorts and began licking her vagina.  She continued to fight him and try to push him away.  He grabbed her wrists, pinned her down with his weight, kissed her neck, ears and face, and forced his penis inside of her.  She suffered bruising to her neck, head, face and legs as well as a vaginal tear.

Result:
My client instructed me not to run a defence of advanced intoxication, to the point of automatism, despite him having absolutely no memory of the incident.  On the day of trial, he instructed me to accept the Crown’s resolution proposal of 3 years incarceration.  Had he been found guilty after trial, he would most likely have been sentenced to 5 years.