Facing Sexual Offences? Baratz Law Can Assist You!

M.S. was charged with serious criminal charges, including sexual assault and human trafficking. It was alleged that M.S. sexually assaulted the complainant on numerous occasions including procuring her into sexual activity with others. It was further alleged that this activity had occurred when M.S. had enticed the complainant on a 2 week drug fueled rampage whereby she would engage in prostitution with others in order to financially support M.S.’s supposed drug habit. As it turned out the complainant and the accused also were accused of stealing tools from residential homes in order to financially support their substance addictions. The pair also allegedly stole expensive cheese to sell on the black market at local pizzerias by filling up shopping carts at supermarkets with expensive cheeses and running out without paying. The complainant had an interest to obtain funds for her own benefit. At the preliminary hearing the complainants’ credibility was seriously damaged under cross examination by Mr. Baratz. The Crown and court could not rely upon her testimony. As it turned out, the complainant, a drug user herself, benefited from the funds received from prostitution, using it to purchase illegal drugs for her own consumption. Her alleged involuntariness to engage in the sexual activity in question was highly suspect, as she desperately needed the funds to support her drug addiction. As a result the Crown had agreed with Mr. Baratz to withdraw the charges against M.S.

L.C. was charged with flashing two female victims at a busy plaza in Toronto while allegedly parked in his car. It was alleged he was the suspect. The suspects’ modus operandi was to ask his victims for directions to Fairview mall on his smartphone using the Google Maps application while seated in his car in the plaza’s parking lot. While the victims would hold the smartphone the suspect would apparently masturbate and expose his penis while seated in his car. One of the victims was under the age of 16 at the time. The first victim identified the accused out of a photo line up out of 12 individuals – a perfect match. The second victim identified the accused and two others in the photo line up. L.C. was arrested at the plaza where the offences occurred. His smartphone was seized by the police. Upon searching the google map application the police found the map application, when opened, immediately depicted the location of Fairview mall. At trial, Mr. Baratz had argued successfully that the police had conducted an illegal search and seizure of L.C.’s smartphone, contrary to section 8 and 9 of the Canadian Charter of Rights and Freedoms. In addition to a lack of transparency over the search, the smart phone evidence was therefore excluded from trial. Next, under cross examination, Mr. Baratz had challenged the victim’s recollection of the suspect and the suspect vehicle – drastic inconsistencies had arisen. At the end L.C. was fully acquitted of all charges and walked out of court a free man and back home to his family. Convictions for these sexual offences would have had life altering consequences.