Tinder date – Sexual assault allegations – Not guilty
OFFENCE: Sexual assault
RESULT: Not Guilty
LAWYER: Sean Fagan
Regina v. X.X. – 2019
Charges: Section 271 of the Criminal Code of Canada
In this day and age, where casual relationships and casual sex are more frequent, and societal judgments on these activities have waned, it is wise for all parties to be clear of their intentions when entering a relationship, no matter how short or casual the relationship. Unfortunately, regardless of the clarity of intentions, feelings will inevitably be hurt. It’s just the nature of human interactions.
Sexual assault is any physical touching of a sexual nature without consent, regardless of how minor or brief, and regardless of whether or not the participants had prior interactions. Consent cannot be given in advance – it must be present at the time of the interaction. Sexual Assault is abhorrent and has no place in society. The carnage that sexual assault has on its victims has no equivalent.
Sexual assault is not being regretful of a sexual encounter, and consent cannot be revoked at a time following the sexual encounter. If informed, legal consent is given at the time of the encounter, and a party later forms regrets and wishes they did not give consent, the other party did not commit a criminal offence. Unfortunately, sexual assault claims are sometimes made on this basis, and a person who voluntarily and consensually engaged in sexual activity will contact the police, allege non-consensual activity, and the police will charged the accused and leave it up to the Courts to sort out the truth.
Unfortunately, the Court system is slow. When an accused person is wrongfully accused and charged with a sexual offence, their life is turned upside down, often for years. Their career and relationships get placed on hold, they lose family and friends, and they are often found guilty in the Court of public opinion before any evidence is heard or the trial commences.
Sean Fagan criminal defence lawyer has dealt with a number of the aforementioned factual scenarios stemming from Tinder dates. Sean Fagan represents individuals charged with these offences on a case-by-case basis.
In this case, X.X. was charged with multiple serious, sexual offences following a Tinder date. He retained the services of Sean Fagan. Defence lawyer Sean Fagan was successful at securing verdicts of not guilty after trial on all charges.