Recent Cases
Sexual Assault After Work Party
The Facts:
Client was out on a date with a co-worker following a work party. The two went back to a hotel room where the complainant performed oral sex on the client. Complainant alleged that the client pressured her into engaging in sexual acts beyond what she was comfortable with, to the point she did not in fact consent. At trial, the complainant was cross examined extensively. Ms. Forhan revealed inconsistencies in her evidence, particularly as to why she returned voluntarily to the bed to continue performing the consensual acts after receiving a phone call during the alleged assault. Case law confirming that victims of sexual assault are not expected to act in any certain way was presented by the prosecution, however Ms. Forhan successfully argued that her actions raised a reasonable doubt.
The Result:
Client found Not Guilty at trial of sexual assault. Crown had not proven beyond a reasonable doubt that the complainant did not consent at the time of the alleged offence.