Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?
No charges have been filed yet
Lawyer's Assistant: Have you talked to a Canadian lawyer about this yet?
Lawyer's Assistant: Anything else you want the Lawyer to know before I connect you?
No, I had better discuss it with them
Expert: Hello, thank you for the question.Without using details that can identify anyone, can you tell me what's going on?
Are you a Canadian Criminal Lawyer
Expert: I'm a lawyer in Ontario, in practise for 20 years including criminal law. Just keep it anonymous, and not too specific, if the facts are sensitive.
OK, A few days ago, an ex-girlfriend contacted my father to see if he was my father. He said yes. My father told me, and I was very curious as to why she was contacting me, as we broke up something like 32-33 years ago. When I searched for her name on the internet I saw that she tweeted that she spoke to her "rapists father" and he had contacted her after 32 years. I dated this girl when I was about 15-16, for maybe 1.5 - 2 years
So I broke off the relationship with her around 1987, or 1988, when I was 17, or possibly 18. I have never spoken to her since. Her tweets revealed that she says she was raped when she was 16, so she must be referring to me. But I never had intercourse with her, and we were dating, and I cannot imagine what she is talking about.
One of the reasons I broke it off with her was because she was not normal, I am not sure where she lied on the dysfunctional spectrum, but she was odd, and I remembered that her behaviour scared me. Now, after 32-33 years she contacted my father, and I have no clue at all what she is tweeting about. I never forced myself on her, but we did "fool around" as teenagers.
Understandably I am freaking out. In one of her tweets she claimed she was raped by a boyfriend when she was 16 (we were the same age), and that was, now 34 years ago for me, and intends to make the person pay, but that she is not vengeant. She must be referring to me, but I have no clue what she is talking about.
I have no criminal record at all, I am a well respected business owner, so this naturally scares me, because it will come down to her word against mine, and of course, they will believe her, because why would she single me out over 30 years later. But, the reality is, I did nothing wrong
I just want to know some information. I would imagine the police may come, and ask me questions at some point, if she does go forwards, and that I will have to get a lawyer at that time.
Expert: I see. Where were you when you were dating? What province? What province is she in now, and what province are you in now?Does she give any more details online about it?
We dated between something like 1985 to 1988, for a period of 1.5-2 years. I turned 18 in March 1988. If my memory serves me correct, I ended the relationship in 1987, but I could be mistaken, but I do not think I am because in 1987 we moved from Ottawa, Ontario to Windsor, Ontario, and I was definitely not dating her when we moved to Windsor in 1987, if my dates are right. She currently lives in Ontario, I live in Quebec
Expert: Other than what you've told me, do you have any reason to believe that she has taken any action? Has anyone contacted you? Not even just about her, about ancillary things from around that time? Any "old friends" approach you out of the blue lately?
She gave no more details about any of the incidents, which makes me very puzzled, because if she did, I would then be able to rest easy knowing she is mistaken, or has a false positive in her memory. I remember vividly that she was a very odd person. She was the loner who nobody really socialized with, and I was one of the most popular boys in school, and I felt sorry for her because she seemed like a nice person
No ancillary things from that time have come up, and no old friends came out of the blue
I dated her when I was in high school , and then I moved to another high school for I believe grade 11, and I do not remember dating her then, and then I spent grade 12 and 13 in Windsor, Ontario, so I figure I stopped dating her in 1987,, when I was 17, but I cannot pinpoint the exact time.
I have no reason to believe, as of yet, that she has taken any action, but based on my memory of her personality, when she says something like I do not seek vengeance, but the person must pay (she said that on Twitter), I am likely to believe that she means it
Are you there ?
Expert: I'm here. The site is set up like a chat, but I'm not a site employee. I"m a lawyer working from home, so I'm up and down from my computer.
Sorry, I am not sure if I should wait. I was not going to send payment until I have some more insight from you.
Expert: If she does make a complaint to the authorities, I'm sure she'll be told that given how much time has gone by, that it will be very difficult to investigate, let alone prosecute. If she can convince the police or a crown attorney or justice of the peace that there are some grounds upon which to convict, then you might be contacted by the police. Honestly, I can't see this happening, for the obvious reasons including that you were both minors and there's a limitation period meaning that only a serious indictable offence is on the table. If you are contacted by anyone about anything to do with this, you say nothing. You don't protest your innocence, you don't explain that nothing happened, you don't even admit that you know her. If you say anything that contradicts what she has said, and an investigator believes her over you then that's more evidence against you. If you want to be proactive, you could have a lawyer write to her threatening her with legal action if she takes any further steps in pursuit of her unfounded and baseless allegations. However, that might be seen by her to be provocative, of course. I'd give that a lot of thought before you choose that option. You could also hire a private investigator to contact her and communicate with her online, pretending to be someone who might be supportive, in order to find out more about what she knows or what her intentions are. Anything else you'd like to discuss about this topic? I'm here if you have further question or comment. If I've helped you may I please have a positive service rating? Ratings are how I'm paid by the site for helping its customers. I'd appreciate it.
Is there a different level of proof for a serious indictable offence ? I am very concerned, because I am happily married for 18 years, with a 7 year old daughter. My wife knows everything that has transpired by the way, I keep nothing from you.
And secondly, if it happened when we were minors (which, if my memory serves me correct I ended the relationship before we were 18), does that make a difference ?
In another tweet she says she has suffered from PTSD since then. I feel really bad if I have hurt her, but for the life of me, I cannot possibly remember what she could be traumatized about. There was no rape that I remember, and I would figure I would remember that. The internet is awash with information that only a very small percentage of cases are false rape claims, so I assume my chances are not good. I have a business where I am critical to the ongoing operations, and without me, it will certainly fail, and this will tear my family apart, and will scar my daughter.
Expert: In theory, there is no different standard of reliability of evidence. Sometimes people do get convicted on a he said / she said. However, the simple fact that she's waited over 30 years to make the complaint, and is blogging about making the perpetrator pay before she makes the complaint, won't help her credibility. Since you were a minor, the number of criminal charges which apply to you and the severity of the penalty for such, are much reduced. Here's the best advice I can give: don't worry about it. If the police come knocking, then it will happen. No amount of worrying you do can change that from happening. But if she's also public about her PTSD, then that will also make her less credible. I know you want me to say that because you were a minor, and because of limitation periods, etc., that it's impossible for you to be charged. I can't tell you that. If some zealous Crown Attorney wants to believe her, and seek to charge you with an indictable offense as an adult for which there is no limitation period, then you could be charged. Of course, I could be charged under the same circumstances. Anybody could. I can't see how you could be convicted, however, unless you confessed or there was some very compelling external evidence, like a witness. Does that make sense? Anything else about this topic you'd like to discuss?
That makes perfect sense, thank you for your time. I am a little more educated now. I feel sorry for my ex-girlfriend, it is obvious from her many tweets that she has a lot of challenges on many fronts. I would not wish that on anybody. I will certainly give you a top review, you have been straightforward, to the point, and have taken the time to educate me. Thank you
Expert: I'm glad to have helped. Good luck. Ulysses
Expert: Also, I'll check back in with you in 4 days on 4/6/2020. I can also answer any additional questions that may arise. Don't worry, there's no additional fee for this follow-up.