Sexual Assault Caught on Video Results in No Criminal Record or Deportation

The accused was caught on videotape groping the victim in a bar while she was lying unconscious on a couch in a back room. The groping was prolonged and included touching her under clothing. The accused was significantly older than the victim and also highly intoxicated at the time of the offence. The accused was a Permanent Resident of Canada and therefore faced deportation if convicted. He was arrested by police and brought into custody. Meghan Forhan was retained and had the client released on bail the same day. Crown Counsel argued for a jail sentence which would have resulted in a deportation order and removal from Canada. Crown Counsel also argued to have the accused put on the Sex Offender Registry. Meghan Forhan argued for the accused to receive a Conditional Discharge.

Conditional Discharge imposed. The Provincial Court Judge agreed that the accused had successfully rehabilitated himself prior to the sentencing hearing and that deportation and jail would be excessive in the circumstances. The discharge allowed the client to stay in Canada, avoid the stigma of a criminal record, and saved him from having to register as a Sex Offender.