R. v. ASA, [Provincial Court of Alberta, Calgary – September 2020]

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.