Cases Results

S.K. was charged with sexual assault after a security guard alleged that he fondled her buttocks after she attempted to stop him and his friends from entering a parkade. The incident occurred during the Stampede and alcohol was a significant factor. The complainant alleged that she attempted to stop a group of young men who were heavily intoxicated from entering a condominium parkade as they didn’t have the required key card. One of the men walked by her and allegedly grabbed her buttocks for an extended period of time. Police were called and the security guard pointed out S.K. as the person who grabbed her buttocks. As a result of the brief incident, S.K. was charged with sexual assault.

S.K. was a young professional and a criminal conviction for sexual assault would destroy his career. After reviewing the disclosure and speaking with defence witnesses, it was evident that S.K. slapped the security guard’s buttocks as a joke and not in a sexual manner. After providing the Crown with the defence version of events, the charges against S.K. were withdrawn after he made a charitable donation. This favourable resolution left S.K. with no criminal record for the incident.

G.W. was charged with sexually assaulting a co-worker. After weeks of flirting at work, the complainant invited G.W. to her apartment to hang out. While at the apartment, the two ate dinner, drank alcohol and watched a movie on her couch. At one point, the complainant told G.W. that they would be more comfortable if they watched the movie in her bed. After laying next to each other and consuming more alcohol, the complainant alleged that she fell asleep and woke to G.W. touching her under her pants. G.W.’s position was that the complainant engaged him in sexual activity and continued to do so until she suddenly jumped out of bed and left the apartment without saying anything.

The matter proceeded to a preliminary inquiry where Cory cross-examined the complainant on her version of events. As a result of admissions the complainant made under cross-examination, the Crown withdrew the charges shortly after the preliminary inquiry. This was the best possible outcome.

T.W. was charged with sexual assault, sexual interference and invitation to sexual touching. It was alleged that T.W. was in an ongoing sexual relationship with the complainant starting when she was 14 years old. Police were notified of the relationship by a nurse after the complainant and T.W. attended for a medical appointment to confirm the complainant’s pregnancy. Subsequent DNA evidence showed that T.W. was the father of the child. T.W. maintained that he had done nothing wrong and the complainant’s family supported the relationship.

T.W. and the complainant both came to Canada as refugees from Ethiopia. Based on a previous case, Cory was aware that individuals coming to Canada from Ethiopia are often assigned a birthdate while in refugee camps because of a lack of proper paperwork and Ethiopia’s use of a calendar distinct from that used in Canada. As a result, birthdates on immigration documentation given to refugees are not always an accurate reflection of their real age.

Cory met with the complainant’s family and members of the Ethiopian community in an effort to determine the complainant’s actual age. Based on conversions from the Ethiopian calendar to the Canadian calendar, it appeared the complainant was of legal age to consent to sexual activity with T.W. As a result of Cory’s investigation, the Crown agreed that they would be unable to prove the complainant was under age and withdrew the charges.

K.A. was charged with sexually assaulting a woman in his vehicle while parked outside a shopping centre. It was alleged that K.A. met the complainant earlier in the day and made plans to meet at the mall. After meeting later in the day, the two decided to share a cigarette in K.A.’s vehicle while parked in the mall’s main parking lot. It was alleged that while inside the vehicle, K.A. made a number of sexual advances that were rebuffed by the complainant. It was further alleged that K.A. refused to allow the complainant to exit the vehicle, groped her and held her by her neck. K.A. maintained his innocence and pled not guilty.

During the course of the investigation, the complainant gave inconsistent statements to two different police officers and her close friend with whom she met minutes after the alleged sexual assault. Cory met with the Crown and laid out all of the inconsistencies in the complainant’s version of events. Cory also provided text messages sent to K.A. that the complainant failed to disclose. As a result, the Crown agreed that there was no likelihood of conviction and withdrew the charges.