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section 278.2(2)
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ALPHABETICAL LISTING NUMERICAL LISTING CATEGORICAL LISTING

SECTION WORDING
278.2(2) Section 278.1, this section and sections 278.3 to 278.91 apply where a record is in the possession or control of any person, including the prosecutor in the proceedings, unless, in the case of a record in the possession or control of the prosecutor, the complainant or witness to whom the record relates has expressly waived the application of those sections.

RELATED LINKS
sexual-assault-reducedIt is unfortunately, no unusual for a complainant with a mental illness to imagine assaults that never occurred. The problem with such witnesses, is that they honestly believe their memories to be true, but in reality, they are not. In this case, the complainant has imagined - in a drug induced stupor - that she had been raped. During cross-examination by Paul Lewandowski, she admitted that she couldn't tell fiction from fantasy. The sexual assault charge was reduced to a simple assault. The client was given a conditional discharge, and was spared a criminal record.





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