Sexual Assault on Armless & Legless Woman (Calgary) – Not Guilty

Charges:
CC: s.271 – Sexual Assault.

Allegations:
My client had sexual intercourse with a woman bound to a wheelchair-type bed, because she has no arms and no legs.  The day after, she claimed that it was non-consensual.

Result:
My client elected to be tried by a Court of Queen’s Bench, with a Preliminary Inquiry.  After conducting both a lengthy and highly contested Prelim, and QB Trial, my client was found “Not Guilty.”

Charges:
CC: s.271 – Sexual Assault x 2

Allegations:
My client was at the local bar with his wife and friends.  While at the bar, ordering drinks, he engaged the complainant in a discussion, where he voiced his disgust for lesbians, told her gay marriage was illegal, and what she really needed was the touch of a man.  As he said that, he grabbed her crotch, attempting to forcefully insert his fingers inside her vagina, through her pants.  She immediately swore at him and shoved him away from her.  At closing time, my client allegedly grabbed her breast, while she was outside having a smoke.  She then punched him in the face and a big drunken brawl ensued, between several people.  In the process, my client’s wife was knocked down and beaten severely.  She required hospitalization for numerous bruises and lacerations, including a broken arm.  My client had a related record for violence, drugs, impaired driving and vandalism.

Result:
Charges Withdrawn.  Resolved with a Peace Bond on the day of trial.

Charges:

CC: s.271 – Sexual Assault

Allegations:

My client and his friends started drinking by the river, then went to one of his friend’s girlfriend’s place and continued drinking.  Her boyfriend left, then after a while, everyone went to sleep.  A few hours later, the complainant woke up to find my client in bed with her. They were both naked.  She had no memory of what occurred.  She asked him if they had sex.  He just smiled at her.  She went to the police and then completed a rape kit at the hospital.  DNA tests confirmed that my client was not the source of the profile.

Result:

Charge Withdrawn. Resolved with a Peace Bond before trial.

Charges:

CC: s.271 – Sexual Assault

Allegations:

My client was accused of having non-consensual sexual intercourse with a woman that he had spent the night with.

Result:

On the day of trial, I resolved his matter with a Peace Bond, resulting in the immediate withdrawal of his criminal charge.

Charges:

CC: s.271 – Sexual Assault

Allegations:

My client sexually assaulted a woman at a party by pushing her back into the bathroom when she was trying to exit, closing the door behind them and then forcing his hands down her pants.

Result:

After a Preliminary Inquiry, my client tendered a plea of guilty to simple assault, instead of sexual assault, and received a probationary sentence. No jail.