[2003] 58 WCB (2d) 163 (ONCJ)

In [2003] 58 WCB (2d) 163 (ONCJ), Mr. M was charged with assault, uttering threats, sexual assault, harassing phone calls, breach of recognizance, harassment, and assault against Ms. M. Mr. M had previously been arrested for assaulting Ms. M and released with a no contact order.

Ms. M and Mr. M were married and had two children. Ms. M stated that while living together Mr. M threatened to harm Ms. M’s niece who was living with them, sexually assaulted Ms. M, physically assaulted Ms. M, physically assaulted their child, and threatened to kill Ms. M if she left. She said he would often threaten her if she spoke to the police or victim services. The couple later separated. Ms. M stated that Mr. M continued to call her, requesting sexual contact with her, describing which lights were on in her house, trying to arrange to come to her home, and threatening her.

At trial Ms. M stated that she did not tell Mr. M about her second pregnancy until two weeks before the birth in order to protect the pregnancy from Mr. M. She instead told him she had cancer, which was reported in a newspaper article following the birth. Ms. M had also lied about her professional medical credentials in the past. There were other major discrepancies in her evidence. This impacted her credibility at trial and the court could not accept her testimony. Phone records were not entered into evidence to corroborate her claims that Mr. M called her.

All charges were dismissed.

Criminal Offence(s): Criminal Harassment, Sexual Assault