Sexual Offences

Our client was charged with sexual assault as a result of allegations that throughout the course of his relationship with the complainant, he would become intoxicated and sexually grope her in front of her young children. The children also gave police statements indicating that they witnessed the incidents. A conviction for sexual assault would be catastrophic for our client including a period of incarceration, loss of employment and inability to travel to the USA for life. After lengthy resolution discussions, Cory Wilson was able to convince the Crown Prosecutor to allow T.O. to plead guilty to the lessor offence of common assault and avoid the possibility of jail. This was a great outcome for the client.

R.C. was charged with distribution of intimate images without consent after he went through the phone of his massage therapist and sent himself a number of intimate photos he found on the device. This was only discovered after the masseuse happened to look in her sent box and saw a number of photos being sent to an email address that she was not aware of. After determining it to by R.C., police confronted him and he gave a full confessions. The Crown’s original position was that this was a matter that required a jail sentence of 90 days to be served on weekends. This would have caused R.C. significant difficulty as he is a single father of two young children.

At sentencing, Cory Wilson successfully argued that the sentence was best served by way of a community sentence that allowed the client to be with his children and attend all of their various events. As a result, the children had no interruption in their life and R.C. was able to move forward in a positive manner.

H.M. was charged with two counts of sexual assault as a result of multiple complaints against a group of individuals in a public wave pool. The complainants alleged that they were groped while wadding in the pool. Multiple complainants came forward and described a number of different individuals, thought to be in a group together. H.M. was never identified by the complainants, but was with the identified group and wearing the color shorts the perpetrator was alleged to be wearing.

Knowing that he didn’t do anything wrong, H.M, gave a statement to police, denying guilt but admitted to wearing the shorts in question. Without more evidence, police arrested H.M. for two counts of sexual assault.

Despite the very evidence, the Crown Prosecutor refused to withdraw the charge after initial discussions. However, after Cory Wilson spent hours going through CCTV footage of the pool, he was able to identify H.M. and positively prove he did not commit the office. As a result of this diligence, the Crown Prosecutor withdrew the criminal charges prior to trial.

This was the best possible outcome for H.M. as he was left with no criminal record for the incident and did not have to proceed to trial.

B.B. was accused of rubbing his neighbor’s vagina over her pants after she fell asleep while he was massaging her. She woke to him touching her vagina and then he allegedly asked if she wanted him to preform oral sex on her. It is further alleged that he then tried to grab her breasts before she got out of the bed and left the room. Police were contacted several days later and B.B. gave a very unfavorable statement.

B.B. was retired and he and his wife spent half of the year in the USA. He also has three grandchildren living in the USA. A sexual assault conviction would cause B.B. to be banned from the USA for the rest of his life.

After months of resolution discussions, the Crown Prosecutor was finally swayed by Cory Wilson’s resolution offer to reduce the charge to common assault so that B.B. would be able to travel to the USA.

This was a very favorable resolution as B.B.’s life would have been radically changed if he was convicted of sexual assault.

S.Z. was accused by his former girlfriend of sexually assaulting her months after they broke up. She alleged that the client and she were no longer having sexual relations and S.Z. took advantage of her while she was having a panic attack. S.Z. maintained that despite breaking up, they engaged in an ongoing “friends with benefits” relationship including on the night in question. Further, S.Z. admitted to kissing and rubbing the complainant, but not the digital penetration as alleged. S.Z. believed that the kissing and rubbing was consensual, but realized during the incident it was not and stopped. This raised a mistaken belief in consent issue.

After setting the matter down for trial, a section 276 application was made by Cory Wilson to raise the mistaken belief in consent issue by applying to cross-examine the complainant on her previous sexual history with S.Z., that she lied to police about. After making the application and disclosing damning text messages sent by the complainant to S.Z., the prosecutor agreed that there was no likelihood of conviction and stayed the charges.

This was the best outcome S.Z. could hope for.

P.T. was a youth accused of inappropriately touching the genitals a young child she was babysitting. The allegation was adamantly denied by P.T. and caused significant issues for her in the community, at school and at church. Cory Wilson took over the file from another lawyer who told the family of P.T. that there was no defence and that the only option was to plead guilty.

Cory was retained and after meeting with P.T., began working to clear her name. After several meetings with the assigned Crown Prosecutor, the criminal charges were withdrawn. Despite the previous defence lawyer telling the family there was no defence, Cory Wilson was able to have the charges withdrawn within three weeks of being retained.

This was an incredible outcome for P.T. and her entire family.

M.O. was alleged to have sexually assaulted his stepdaughter when she was between the ages of 5-9. The allegations were made when the complainant was 19 and shortly after M.O. cut her off financially and told her she needed to support herself. The complainant became incredibly upset when M.O. stopped paying her rent and giving her money to support her lifestyle, while refusing to work.

Leading up to trial, the Complainant sent the prosecutor several emails detailing the allegations, each with differing versions of events. The Complainant also told a member of victim services a different version of events.

After reviewing all the different versions of events that the Complainant had alleged, Cory Wilson was able to convince the prosecutor that there was no likelihood of conviction and the charges were withdrawn prior to trial.

As a result of the allegations, M.O. had his young children removed from his house pending the outcome of an investigation. Thankfully, right after the charges were withdrawn, the children were returned to M.O.

S.K. was accused by his ex-girlfriend of sexually assaulting her on two occasions during the relationship. The allegations were made months after the relationship ended and two days after S.K. filed paperwork for full custody of their shared child.

At trial, Cory Wilson extensively cross-examined the complainant about making a false allegation to keep full access to their shared child. After repeatedly denying that the timing was nothing but a coincidence, Cory confronted her with multiple texts in which she told a third-party that she would do anything to keep the child.

S.K. testified that he never sexually assaulted the complainant and that the first time she ever made such a claim was after he filed child custody paperwork.

The trial judge believed S.K. and found him not guilty. Not only was this a massive relief on the criminal side, but the finding of not guilty was used in the child custody case.

T.I. was accused by the daughter of a family friend of sexually assaulting her at a large party 10 years prior to making the complaint to police. Remarkably, the complainant did not see the person who allegedly assaulted her and instead told police that the body shape of the perpetrator somewhat matched T.I. At the time of the alleged offence, four other people were sleeping on the floor in the same room as the complainant, but none heard or saw a thing.

Despite the obvious issue with identification, police charged T.I. with multiple sexual offences because of the allegations.

After reviewing the disclosure, Cory Wilson immediately contacted the Crown Prosecutor’s office to have the obvious identification issue reviewed with a senior prosecutor. After reviewing the allegation, the prosecutor agreed that T.I. should have never been charges and withdrew the charges the next day.

This case shows how innocent people can so easily be charged with one of the worst criminal offences. Thankfully, Cory was able to quickly have the charges withdrawn saving T.I. the stress and cost of a trial.

C.U. was charged with multiple sexual offences as a result of an incident that occurred with the friend of his teenage daughter. It was alleged that the client followed her into the spare bedroom, started to hit on her and then put his hand up he skirt and digitally penetrated her despite her telling him to stop. The Complainant immediately called the police and C.U. was arrested and charged.

Cory Wilson received disclosure and found that the video recording of the Complainant’s statement to police was missing. After multiple requests, it was revealed that the investigating officer lost the recording. As a result, Cory informed the prosecutor he would be making an application to have the charges Stayed based on the significant issue. After providing the prosecutor with case law, the charges were withdrawn.

This was an incredible outcome for our client. He avoided the trial and walked away with no criminal record.