ASA was a young male professional with no prior adverse contact with the police. He was invited to the home of a colleague as she had become startled by random damage occasioned to her property. Well… ASA did attend as requested where further conversation and a few beers led to intimacy and sex.
They remained friends and colleagues for close to a year thereafter when, out of nowhere, the Complainant called the police and accused ASA of sexual assault.
ASA maintained his innocence regarding the allegations and, for obvious reasons, retained Patrick Fagan to defend this most serious criminal prosecution. Pleas of not guilty were entered to all charges and the matter scheduled for trial.
An opportunity presented itself to resolve this most serious sexual assault prosecution without the cost, anxiety, and risk always associated with trial proceedings. Yes, it was certainly open to ASA to proceed to trial where he very well could have been found not guilty on all charges. By the same token, he could also have been found guilty of all charges, sentenced to a period of imprisonment and enrolled in the Sex Offender Registry.
BOTTOM LINE: The matter was dealt with by way of a complete withdrawal of the charge of sexual assault in exchange for a plea of guilty to “common” assault. Sentence was suspended and a brief period of probation imposed.