SEXUAL ASSAULT CHARGES DISMISSED AFTER PRELIMINARY INQUIRY

The accused and two other men were accused of sexually assaulting the accuseds girlfriend at a house party. All of them had been consuming ecstasy. Any plea to a sexual assault involves a number of additional orders. First, a DNA order, which requires that the offender provide his blood so that it can be registered on the DNA data bank for future investigations. Second, a sex offender registration order, which would require the offender to report his address to the police for a period of between 10 and 20 years. Moreover, the Court almost always imposes a weapons prohibition, probation, and often imposes a section 161 order banning the accused from parks, playgrounds and public venues, depending on the age of the victim. Thus, before a plea is entered on any sexual charge, these items must be carefully considered. In this case, the prosecution rested on the allegations of a female who was having flashbacks. Upon review of her statements, it was impossible to distinguish fiction and reality, as the flashbacks were the result of the complainants drug induced stupor. Thus, after negotiations with the Crown and analysis of the evidence, a plea was arranged where the charges of sexual assault and forcible confinement were reduced to a simple assault. The client received a conditional discharge, no conviction was registered allowing the client to receive an automatic pardon.