Sexual Assault Of Partner
T.R. was charged with sexual assault and choking during his first year as a university student. Alleged to have sexually assaulted and choked his sometime girlfriend during the late hours of the evening, the Crown introduced medical evidence of blunt force and friction injuries consistent in the medical professionals' opinion with non-consensual activity.
As is often seen in cases of sexual assault, the complainant presented as fearful and upset during her recounting of the alleged offence. The strategy employed was to break down the individual acts described, highlighting the impossibility of the testimony and that her demeanor on the stand was inconsistent with photographic evidence from her cell phone that evening.
The Crown also sought to use text message evidence that had been deleted to prove his guilt. After cross-examining the complainant, the Crown stayed or chose not to prosecute the choking charge. The defence was able to keep out of evidence, the Crown’s use of the cell phones and the deletion of the text messages.
T.R. testified as to his innocence, and the Court accepted his evidence finding him not guilty.
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