Client Charged with Sexual Assault Found Not Guilty After Trial

May 2026 – Western Canada – No Criminal record

Wyman & Williamson were able to secure an acquittal in a very serious sexual assault trial for a young father with no criminal record. The stakes were exceptionally high as the client was management in a prominent global company.

Background

The case involved a sexual assault allegation from a number of years ago. The client and the accuser had met on social media the day prior and conversed using the chat function of the app for many hours. After exchanging numerous messages, the complainant attended the client’s residence in order to “Netflix and chill.” Once there, a sexual encounter took place. Following the encounter, the complainant attended the hospital and had a rape kit conducted. She then gave a police interview where she alleged that the encounter was a sexual assault. The kit resulted in semen being located on the back of her underwear. Following a police investigation, the client was required to provide his DNA as the result of a judicial warrant. When the DNA was analyzed, it was a match with the substance located on the complainant’s underwear. As a result, the client was charged with sexual assault. The client did not deny that a sexual encounter took place; however, asserted that it was entirely consensual. When the authorities contacted the client regarding the DNA warrant, he rightly reached out to counsel for advice. Once retained, our office explained to the client their constitutional rights vis a vis the warrant as well as the subsequent police interrogation. Following the receipt of this advice, the client declined to provide a statement.

Defence Strategy and Resolution

The client’s vocation required that there be no record of this offence. Grave immigration consequences also were present as the client was a permanent resident and faced deportation in the event that a conviction resulted. Given these concerns, a not guilty plea was entered and the file proceeded to trial. The trial focused solely on issues of credibility. While the Crown could establish that the encounter took place by way of the DNA evidence, they still had to prove beyond a reasonable doubt that the sexual activity was non-consensual. In preparing for trial, our office was able to locate numerous text messages that contradicted the complainant’s statement to police. Following a complicated legal argument, the trial judge found these messages to be admissible at trial. In cross-examination, these messages were put to the complainant, resulting in numerous inconsistencies to her direct evidence. Following the crown’s case, the client elected to testify and advised the court that everything that had taken place was consensual. Prior to testifying, the client had meticulously prepared with trial counsel. As a consequence of this preparation, he had the confidence to give his version of the events to the court and had no difficulty with the Crown’s cross-examination.

Outcome

Following 3 days of trial, the Court found the client not guilty of all charges. This client realized what was at stake and openly wept when the charges were dismissed. Now that this terrible ordeal was over, the client was now able to return to his position with his company and raise his family here in Canada.