Sexual Assault of Girlfriend (Youth)
Client, who was a youth at the time, was accused of sexually assaulting his then girlfriend on three separate occasions. The client maintained that all sexual contact was consensual and was confused by the allegations. Ms. Forhan not only reviewed the police disclosure, but also obtained hundreds of electronic communications between the client and complainant privately. These communications provided the basis for an “honest but mistaken belief in consent” defence. In December 2019 legislative changes to the Criminal Code made those text messages presumptively inadmissible evidence. Ms. Forhan drafted a legal argument and successfully convinced the prosecutor that she could get them admitted into evidence by making a s. 278 and s. 276 application at trial. Prosecutor agreed to drop the charges and allow the client to enter into a Peace Bond.
Criminal Charges stayed. Client avoided both a criminal record and a Sex Offender Registration Order [SOIRA].