Tag Archive for: What Should You Do When First Accused or Charged with Sexual Assault?

recent success donna pledge charged with driving under the influence

Recent Success – Charged with Impaired Driving (March 2019)

My client was charged with Over 80 mgs of Alcohol in 100 mls of Blood and Impaired Driving Care or control. After a trial both charges were dismissed.

The Scenario

My client was located by the police in an individual’s home after the individual had found her sitting in her vehicle outside of his residence. This individual woke up one morning to my client’s vehicle parked outside of his residence and became concerned because my client – who was sitting in the driver seat – appeared to be asleep or passed out. Other passerbys also noticed my client asleep or passed out in her vehicle and stopped to see if she was ok. Then, the owner of the residence my client was parked in front of, came outside and asked her to come into his house.

In the interim, my client had phoned her mother and a work colleague indicating where she was located and told them that she could not drive. Both her work colleague and my client’s mother attended the residence to find my client passed out on the couch. They became concerned because they had difficulty waking her and called EMS. Upon EMS arriving the police also arrived and after speaking with the owner of the residence, my client was arrested for Impaired Driving and Driving with Over 80 mgs of alcohol in 100 mls of blood care or control.

Our Process

My client initially retained other counsel. My client attended my office to seek a second opinion because her then counsel wanted her to plead guilty. It was her then counsel’s opinion that she would not win at trial and in order to seek a more lenient sentence she would have to plead guilty. After speaking with my client it was my opinion that in fact at the point in time when the offence is alleged to have been committed, my client was not in care or control of her motor vehicle and had in fact put into place a plan to ensure that she would not drive. We proceeded to trial and after trial both charges were dismissed for the foregoing reason.

Get the Best Defence: DV Pledge

It is important sometime to seek a second opinion from a lawyer with respect to your case. As in my client’s case a second opinion proved to be not only invaluable but was the deciding factor between my client getting a criminal record and losing her driver’s license and not. I, Donna Pledge, provide second opinions on a regular basis.

Call 416-630-8702 or click here to email

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. She has been successfully defending clients since 1992. She has earned the reputation of a tough and no-nonsense lawyer who can get her clients out of any criminal case with either a full acquittal or a very light sentence. Donna Pledge represents her clients in courts all over Ontario. 

Charged with Sexual Assault - Criminal Defence Lawyer Toronto Donna V. Pledge

R v K.S.- Charged with Sexual Assault and Exposing Himself for a Sexual Purpose to a 15 Year Old Girl

Charged with Sexual Assault - Criminal Defence Lawyer Toronto Donna V. Pledge

Found Not Guilty

My client was charged with sexual assault and exposing himself for a sexual purpose to a 15-year-old girl and plead not guilty. The matter went to trial over a 4-day period. After hearing evidence from 3 witnesses for the crown and 2 witnesses for the defence, including my client, my client was found not guilty of both charges.

The Facts

My client was travelling to work one morning on the Subway. The subway car he was travelling on was very busy and it was standing room only. My client suffers from severe skin allergies that affect at times his whole body. On this day his allergies flared up in the area of his private parts. As a result, my client wore shorts and no underwear because his penis was swollen and inflamed. During the course of travelling on the subway car, my client was scratching his private parts over his clothes. A woman seated on the same subway car alleged that my client not only exposed his penis to a young school girl but also rubbed his erect penis on her skirt. As a result, upon exiting the subway car, my client was arrested.

The Trial

My client maintained his innocence throughout, and as a result the matter was scheduled for a trial. Ultimately there were 4 days of trial over a period of approximately 6 months. The matter from arrest to verdict took over 20 months. The stress and anxiety that my client experienced during this period was extreme. As well, his family, experienced tremendous amounts of stress and anxiety and financial pressures.

At trial the Judge found, as a result of my successful cross examination, among other facts, that the witness on the subway car, who alleged that my client not only exposed his penis but also rubbed his exposed erect penis on the young girl, was hyper-vigilant as a result of an incident that occurred years before when a naked man approached her. This may have led the witness to leap to a reasonable but inaccurate conclusion. Therefore, it may not have been unreasonable that the witness may have observed my client scratching his crotch and manipulating his shorts such that his penis was visible, but absent any sexual intent. Effective and excellent cross examination skills on my behalf led to my client being found not guilty.

Why Is It Important to Hire a Criminal Defence Lawyer?

Being charged with sexual assault and exposing oneself for a sexual purpose are very serious charges. Both of these charges carry a minimum jail sentence if the person is found guilty. Therefore, it is very important to hire a highly experienced criminal defence lawyer, in circumstances such as the foregoing example, to ensure a finding of not guilty.

If you have any questions about being charged with sexual assault and/or exposing oneself for a sexual purpose, please contact Donna Pledge today. She will ensure that you are represented to the fullest.

Call 416-630-8702 or click here to email

Donna V. Pledge, Barrister & Solicitor

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. She has been successfully defending clients since 1992. She has earned the reputation of a tough and no-nonsense lawyer who can get her clients out of any criminal case with either a full acquittal or a very light sentence. Donna Pledge represents her clients in courts all over Ontario.

What Should You Do When First Accused or Charged with Sexual Assault?

What Should You Do When First Accused or Charged with Sexual Assault?

What Should You Do When First Accused or Charged with Sexual Assault?

What Should You Do First:

If you are either charged with sexual assault or accused of sexual assault, the first thing you should do is contact a criminal defence lawyer in Toronto or the GTA who has the necessary experience to ensure a successful outcome.

It is important to hire a criminal defense lawyer who is experienced with sexual assault charges as soon as you are aware that you are being charged or accused of sexual assault.

Why Is It Important to Immediately Hire a Criminal Defense Lawyer?

It is important to hire a criminal defense lawyer immediately if you are charged or accused of sexual assault because they will make sure are protected. The criminal defense lawyer will ensure that you are not charged at all if possible. If you are charged, that all your rights are protected. But most importantly that you are released immediately after you are charged.

The criminal defense lawyer will make sure the police do not ask you questions. That is very important because any answers or statements you give to the police will be used against you. The experienced criminal defense lawyer will ensure you do not spend any more time than necessary in the police station.

The Potential Negative Effects of Being Charged or Accused of Sexual Assault

There are several potential negative effects of being either charged or accused of sexual assault. Your employment may be affected, depending on the type and your position.

For example, if you are a massage therapist and you have been charged with sexual assault on one of your patients. You can expect that a condition of your bail will most likely be that you are not allowed to perform any massages in your capacity as a massage therapist until the outcome of your sexual assault charge has been dealt with in the court. Even if you are only accused of sexual assault in the above case and not charged, your employer may decide to suspend you until the sexual assault complaint is dealt with or even dismiss you all together.

Your marital or spousal relationship may be affected. Your reputation with your peers is likely to be affected. It is difficult enough dealing with the effects of the charge or accusation of sexual assault whether alone or with the support of family and friends. You don’t have to deal with the legal aspects of being charged or accused of sexual assault. Hire an experienced criminal defense lawyer to help you.

Sexual Assault and Sexual Harassment Complaints in the Media

We are seeing real life examples of how being accused of sexual assault or harassment can affect the life of the person. In the last few months there have been several sexual assault and sexual harassment complaints against politicians, MPs, television personalities and other individuals in the public eye. These complaints have resulted in these individuals stepping down from their positions and ultimately having a real negative impact on their lives. Other law makers including the Prime Minister have taken positions that perpetuate the effects of these complaints without any due process.

Our judicial system is built on the presumption of innocence. Any erosion of this principle will ultimately negatively impact our society as a whole not just the individuals being accused of these sexual assaults. It is imperative that we as a society remember that if an individual is accused of a criminal act, such as sexual assault, that we have a moral and legal obligation to investigate before coming to the determination of whether the complaint is true or not. Or in the context of a charge before determining if the person is guilty or not.

If you have questions about being charged or accused of sexual assault, please contact Donna Pledge today.  She will ensure that that our moral and legal obligations are upheld

Call 416-630-8702 or click here to email.

Donna V. Pledge.

Donna V. Pledge is a highly experienced criminal lawyer in Toronto with over twenty years of experience in the area of criminal offence. She has been successfully defending clients since 1992. She has earned the reputation of a tough and no-nonsense lawyer who can get her clients out of any criminal case with either a full acquittal or a very light sentence. Donna represents her clients in courts all over Ontario.