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Child Sexual Assault & Sexual Interference Charges Withdrawn!
Jillian Williamson recently defended a man accused of sexual assault and sexual interference and got all of his charges completely withdrawn.
Our client was charged with heinous allegations of sexual assault and sexual interference. Sexual interference is prohibited under section 151 of the Criminal Code. It is an age specific charge that criminalizes the sexual touching of a person under the age of 16th. The term “interference” is meant to be broad in its interpretation and is designed to capture a wide variety of physical contact regardless of whether it is direct or indirect physical contact.
These charges as alleged were laid by the RCMP against him when his daughter alleged the inappropriate conduct. These were historical allegations. Our client was angry that he would be accused and maintained his innocence.
Jillian got to work right away. She made several court appearances all the while marching towards a preliminary inquiry. At this hearing, the complainant (over the age of 18) had a number of testimonial aids in place. She had the support dog and support person. She did not attend the same courtroom. Her examination-in-chief evidence was given through her initial statement recorded by the police. These aids are common now and relied on often. There are several provisions within the Criminal Code that allow for these aids. The Courts will often consider the following when the prosecution requests the use of these aids:
- The age of the witness;
- The nature of the offence;
- The kind of testimonial aid or other measure that is requested; and
- Other factor such as society’s interest in encouraging the reporting of crime or the accused person’s right to a fair trial.
When the request of testimonial aid is made by the prosecution, defence has to make a strategic call on whether to take no position, oppose or consent. Each case is unique on what call should be made. In this situation, because Ms. Williamson had a critical plan for trial, it made sense to consent to each and every testimonial aid. This put the complainant at ease in her testimony and because of that she testified to matters that were not true. Ms. Williamson used each of these sworn statements to attack the case which resulted in a complete withdrawal of several serious accusations.
Her client couldn’t be happier with the work she did. He’s walked away from the risk of incarceration, being forced to register on the Sex Offender Registry list, having his firearms taken away from him and having his DNA seized and collected.
This case demonstrates the power of a lawyer’s ability to critically build a defence case and making wise decisions at the preliminary inquiry in order to latch on the best areas for attack.
If you are facing sexual assault or sexual interference charges, you need a serious lawyer who defends serious allegations like this every single day. Contact us here!