Garth's Case — Sexual Assault — Dismissed

Client:  Garth P., Accused
Complainant:  Cherry Q., his date
Charge:  sexual assault (date rape allegation)

Background:  Garth and Cherry drank heartily on their dates, which usually ended with sexual contact that was never fully realized. Tonight was no exception. They started sex but Cherry said "stop." Getting up and taking off his condom, Garth sputtered "that was a waste of a condom." He then went home. A few days later he was arrested for sexual assault. He was stunned. Garth came to see me soon after. After our meeting, I walked over to Cherry's building to deliver a letter. The letter asked the building manager to preserve any videos from the evening of the alleged sexual assault.

READ THE POLICE REPORT

Goals:  Garth wanted the charge withdrawn or dismissed.

Strategy:  Quarter was neither sought nor given. From the start, we focused on trial preparation. I had Garth write a detailed description of that night together and their history (this proved helpful to Garth later, as he mentions in his testimonial below). About a month before the trial, I hired another lawyer and we conducted a mock examination and cross-examination. Garth learned to cozy up to my DOs and DON'Ts of testifying, and I said "amen" to mistakes made in the privacy of my office and not in Court. The trial had a few delicate issues. Like Baldwin's case and Mike's case, I had to seek permission to ask questions about their sexual history, and I was worried about the alcohol consumption. If the Judge found that Cherry was too drunk to consent, Garth would be found guilty. Alternatively, if the Judge found that Garth believed that Cherry was consenting because he was too drunk to know the difference, he would be found guilty. The Crown gave me fair warning that they would be making both arguments.

READ WHY THE JUDGE ALLOWED QUESTIONS ABOUT cHERRY'S SEXUAL HISTORY

Results:  The case was hard fought over five days. There were many intense exchanges in Court — Garth once told me that he could "feel the Crown's claws in my back" — but we all seemed to relax when Garth was acquitted. In the link below, His Honour nicely details the evidence, our submissions, and his reasoning, including an excellent analysis regarding consent, honest but mistaken belief in consent, and the role of alcohol (it's not only drinking and driving that carries great risks).

READ WHY THE JUDGE'S ACQUITTED GARTH
READ GARTH'S TESTIMONIAL