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.