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.