Report Sexual Assault Defense Leads to Non Prosecution

The attorney gathered extensive personal communication records showing ongoing mutual affection and voluntary interactions.

Text messages, shared digital correspondence, location data from mutual trips, and financial records confirming joint outings were compiled as contextual evidence.

These materials demonstrated that the parties had been in a consensual dating relationship, establishing a factual baseline inconsistent with a deliberate intent to commit a sexual offense.

The complainant ended the relationship abruptly, prompting the client to reach out and seek reconciliation.

During the conversation, the client briefly held the complainant’s hand while asking to discuss the matter further.

Months later, this interaction was reported as a sexual assault incident.

By reconstructing the timeline and gathering objective documentation, counsel clarified that the conduct did not meet the threshold for forcible touching under New York Penal Law, which requires an intent to gratify sexual desire or to degrade the complainant.

The defense established that the client’s conduct occurred within the context of an ongoing romantic relationship and was not accompanied by sexual intent.

Communications and prior consensual physical contact were relevant in demonstrating the absence of the mental state required for the alleged offense.

New York’s legal standard requires purposeful sexual intent, and the defense positioned all available evidence to frame the contact as non sexual, emotionally driven behavior.

The attorney submitted video evidence specifically dash camera footage capturing part of the interaction outside the complainant’s residence that showed no resistance or objection at the time.

The absence of contemporaneous protest significantly weakened the credibility of the delayed accusation.

This reinforced the argument that the interaction was mischaracterized when reframed months later as a report sexual assault claim.

The attorney emphasized that the physical interaction consisted solely of holding the complainant’s hands during an emotional conversation. Statements, digital messages, and behavioral patterns all indicated that the client sought reconciliation, not sexual contact.

This undermined any assertion that the conduct satisfied the intent component of forcible touching.

The complainant asserted in the police report that no romantic relationship ever existed.

However, the defense produced extensive documentation travel reservations, shared photos, transaction histories, and communication logs contradicting that claim.

Highlighting these inconsistencies cast doubt on the reliability of the accusation and demonstrated potential misrepresentation.

The District Attorney’s Office issued a formal determination of “insufficient evidence,” effectively ending the investigation with a non prosecution result.

This outcome prevented the initiation of criminal proceedings, protected the client from the risk of conviction, and avoided collateral consequences such as employment restrictions or mandatory registration obligations.

The case illustrates how early collection of digital records, contextual relationship evidence, and objective documentation can dramatically alter investigative direction.

In New York, where complainant statements often guide the initial trajectory of a report sexual assault allegation, timely legal strategy is a critical component of defense outcomes.