Sexual Assault of Girlfriend (Too Intoxicated to Consent)
Client was accused of having sex with his girlfriend when she was too intoxicated to consent. Client disputed the allegation and said she was engaged and consenting during the sexual act, and that he ceased sexual activity when it became apparent that she was tired. Ms. Forhan elected a Supreme Court trial with a Preliminary Inquiry and conducted a 1-day prelim where she cross examined the complainant extensively. During her cross examination, the complainant admitted that she may have had a “memory black out” rather than being unconscious during the sexual activity.
After the prelim, Ms. Forhan provided the prosecution with case law on “memory black outs” and persuaded the Crown to drop the criminal charges before trial.
Charges dropped. No criminal record for client. No Sex Offender Registry [SOIRA] order for client.