R. v. Y.O.P

The accused, Y.O.P. was charged with one count of sexual assault. The accused and the complainant had known one another, as the complainant had previously worked for the accused and had attended the same social gatherings occasionally.  It was alleged that the complainant had attended a mutual friends birthday party, hosted at Y.O.P.’s residence. During the birthday party the complainant consumed several alcoholic beverages. The complainant and the defendant’s wife engaged in mutual hugging and kissing, which the accused was aware of and encouraged. Eventually the other guests left, leaving only the complainant, the defendant and the defendant’s wife at the residence. The complainant continued to consume alcohol. Allegedly the complainant does not recall going to bed, but was awoken at approximately 6am from pain caused by the accused penetrating him anally. The complainant then jumped out of bed and called a cab to leave. As the complainant was leaving the defendant asked him not the say anything about what had occurred, to which the complainant agreed. The complainant went to police station later that day to file a report. The accused incurred a bruise to the right cheek (unknown how it was received) and rectal bleeding as a result of the incident. Toronto Criminal Lawyer, Jonathan Pyzer represented Y.O.P. and was successful at having the charge against him withdrawn. Despite the Crown’s initial reluctance, Mr. Pyzer was able to convince her that that the case against the defendant was weak and that the charges should therefore be withdrawn.