Darwin's Case — Sexual Assault & Harassment — Withdrawn

Client:  Darwin B., Accused Telecommunications Worker
Complainant:  Silly Sally, his customer
Charges:  sexual assault; criminal harassment

Background:  Darwin was installing an internet connection at Silly Sally's apartment. She complained about all the furniture she had to move to her new apartment, fishing for help. Darwin volunteered to assist her after work. Silly Sally agreed. Later, after Darwin had moved the furniture, Darwin stole a kiss or two. If I were a poet, I would have relished sharing with Darwin how there's nothing sweeter than a stolen kiss. As his criminal defence lawyer, I had to explain that a stolen kiss cannot be returned and can get you in a heap of trouble.

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Goals:  Darwin wanted to beat the charges if possible, but he especially wanted to beat the sexual assault charge, as a conviction on that charge carried the greater stigma and the risk of being placed on the sex offender registry.

Strategy:  The Crown's case on the criminal harassment charge was weak, but it was strong on the sexual assault charge. There is clear case law establishing that an unwanted kiss on the lips is a sexual assault. Not wanting to hit the train head on, I had Darwin participate in intensive therapy to gain of understanding of why he behaved in the manner he did, to identify the mental-health and behavioural issues, and to generate reports which I could present to the Crown. I had hoped to convince the Crown that, though they had a strong case, it wasn't in the public's interest to prosecute Darwin.

Results:  When I met with the Crown, I presented reports from Darwin's counsellor, therapist, and doctor. The reports demonstrated that Darwin, through his own efforts, had gained insight into his behaviour and had made the necessary attitudinal and behavioural changes to ensure that there would be no repeat of this behaviour. The Crown agreed that it wasn't necessary to prosecute Darwin, and offered him a peace bond.

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