R. v. MOT, [Provincial Court of Alberta, St. Albert – October 2020]

MOT was accused of sexually assaulting a fellow wedding party  attendant during the course of a dance which followed the ceremony.  According to the adult female Complainant, MOT forced himself upon  her at the entranceway to the dance hall. Specifically, she alleged that  he kissed her and groped her beneath her dress. After several months  delay, she called the police and accused MOT of sexual assault.  

MOT steadfastly denied forcing himself upon the Complainant or  otherwise sexually assaulting her. He did not deny the touching but  took the position that it was entirely consensual (indeed, according to  MOT, she was the pursuer) and that their embrace and mutual touching  only ended when the Complainant’s father caught sight of her and  shouted at her to “get the hell outta there”. 

Patrick Fagan entered pleas of not guilty to all charges and scheduled  the matter for trial. Prior to commencement of trial proceedings, the  Crown extended an offer of resolution that was ultimately accepted.  Yes, as with the case of ASA, MOT could have proceeded to trial and  could have potentially won it all but in the final analysis, he chose to  avoid the cost, anxiety, and risk associated with trial proceedings. 

BOTTOM LINE: The matter was resolved by a complete withdrawal of  the charge of sexual assault in an exchange for a plea of guilty to  “common” assault. The matter was dealt with by way of a suspended  sentence and a brief period of probation.