Tam Boyar and Jessica Lithwick represented an individual charged with sexual assault and sexual interference. The charges related to sexual contact with a woman he believed to be over the age of 16 but who was, in fact, 15 years of age. Despite the high standard set out in s. 150.1(4), we were able to establish that our client had a subjective belief that the complainant was over the age of 16 and that he took all reasonable steps to ascertain the age of the complainant at the time of the offence. As a result, the defendant was acquitted of all charges and avoided a lengthy term of imprisonment.
