UNEARTHING THE TRUTH IN A SEX ASSAULT CASE

The youth client was charged with sexual assault based on the allegations of one complainant. The allegations were ridiculous on their face, but Crown policy in Ontario dictates that absent compelling evidence, the prosecution must continue. In essence, the young offender was victim of provincial policy on sexual assaults. Unfortunately, as a young offender, the client did not have the advantage of having a preliminary inquiry, and thus the matter was set straight to trial. Moreover, the Crown wanted to have the matter designated as a serious violent offence which would allow them to seek lengthy custodial periods even for this youth. Using the video statement of the complainant, Mr. Lewandowski was able to uncover core inconsistencies. The Crown stood up before closing submissions and advised the court (after Mr. Lewandowskis cross-examination), that they could not in good conscience request a conviction on the evidence as it unfolded. The charge was dismissed.