Sexual Assault Recent Cases Cases

Mr. M got in touch with our office when he was contacted by the RCMP regarding a historical sexual assault with a minor. As is standard for our office, we advised him to provide no statement whatsoever.  He followed our advice and said nothing. After receiving the relevant disclosure material from the Crown, he instructed us to speak with the prosecutor vis a vis resolution as he did not want to put the complainant through a trial. Though the Crown originally wanted jail, a creative resolution was reached on account of relevant offence date. As the offence took place prior to Criminal Code amendments that occurred in 2015, it was pointed out that a conditional sentence order was an available sanction. After taking into consideration the considerable counselling our client had conducted, a plea deal was brokered in which the client would avoid a custodial sentence. While the sentencing judge was clearly not thrilled with this very lenient disposition, Mr. M. was able to maintain his freedom.

This was a youth matter where our office was retained to represent the young person who had been charged with 2 counts of sexual assault. The complainant in the matter was our client’s ex girlfriend. After the two of them had a nasty break up, the complainant went to the police alleging prior instances of non-consensual sex. The case was complicated by the fact that the two had exchanged text messages following one of the instances where the client admitted that the complainant was saying “no” and “stop” but he proceeded with the sexual encounter regardless. As the Criminal Code requires that an accused obtain informed, communicated consent, this was very problematic. In the end, Mr. Wyman was able to persuade the assigned crown that a probationary sentence would meet the aims of justice. The presiding judge reluctantly agreed, noting that such files typically result in incarceration.

Mr. B. retained our office when he was charged with sexual assault. The file was unusual as Mr. B. and the complainant were “friends with benefits” who had arranged to get together for a sexual encounter the day prior. When this ultimately fell through, Mr. B. came to the residence the following day as the complainant was sick. While she was asleep in her bedroom, Mr. B. made the unfortunate decision to perform oral sex upon her. To make matters worse, her young child came into the room and viewed the incident. When arrested, Mr. B. gave a full confession and advised officers that he knew she was asleep at the time. As no triable issues existed, plea negotiations resulted where the Crown re-elected to the less serious version of the offence. While the crown was seeking a lengthy jail sentence for a first-time offender, we were able to persuade the trial judge to spare our client any custodial sentence. A truly fantastic result for such a serious crime.

Our office represented a husband and wife that were charged with the offences of uttering threats and sexual interference with a minor. The allegations were serious and involved allegations of sexual touching that had supposedly taken place at a family function years earlier. The case was historical in nature and hinged on credibility. The clients were emphatic that nothing inappropriate had occurred and the matter proceeded to a week-long trial. During lengthy cross-examination, the complainant was adamant that she had disclosed the incident to her Junior High gym teacher and received counselling from him to this effect.  Unbeknownst to her, Mr. Wyman had located and subpoenaed her former teacher who testified for the defence. After hearing the teacher’s evidence that nothing of the sort had been disclosed, the trial judge acquitted both clients of these extremely serious charges.

Our client was a middle-aged business professional who had been charged with historical sexual assault allegations against his wife. The couple had engaged in a Bondage, Dominance, submission, sadomasochism (BDSM) relationship. Following the couple’s separation, the complainant asserted that she was forced into this relationship against her will by our client. The allegations were extremely serious as the complainant alleged that the client had burned her with cigars, cut and confined her. The matter was set down for a 2-week trial in which Mr. Wyman cross-examined the complainant for a day and half, catching her in numerous inconsistencies. On account of said cross, the client was acquitted of all charges.

Our client was a 72-year-old grandfather with no criminal record. His world was turned upside down when one of his granddaughters alleged to police that he had touched her in a sexual manner a number of years earlier in a Calgary hotel room. The trial lasted 3 days and required the testimony of multiple child witnesses. Cross-examination of a complainant in a sexual assault case is an exceedingly delicate and difficult task in the most favorable of circumstances. This is especially so in a case involving minors recounting difficult subject matter. Following a considerate yet firm cross-examination of the complainant, the presiding Queen’s Bench Justice acquitted E.C. of sexual assault and sexual interference.