Show Notes
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In Episode 192, we dissect the powerful new Ontario acquittal R v J.A., 2025 ONSC 4531: an 18-year-old boy is accused of assaulting his 17-year-old girlfriend after prom, only for him to discover (by guessing her password) that she was cheating; what follows is an explosive, toxic text-message war with hundreds of messages, repeated “you r*ped me” accusations, vague apologies, and almost no explicit denials; the Crown insisted his silence and equivocal replies amounted to adoptive admissions of guilt, but Justice Bordin delivers a masterclass ruling that explains why rapid-fire teenage texting cannot be read in isolation, why overlapping messages and missing context destroy tone, why Snapchat’s auto-delete feature is a nightmare for justice, how phone calls and in-person talks still matter, and why the entire relationship dynamic (including motive to fabricate) must be considered before treating silence as guilt; this is required reading for anyone facing text-heavy sexual assault charges and a stark reminder that disappearing messages and cherry-picked screenshots can turn innocent people into convicted ones.
More from Not On Record Podcast
EP#231 | Drunk, Drugged or Incapable? Sexual Assault Law; USA vs Canada
EP#230 | Eight and a Half Years in Prison: Sean Parker on His Case and the UK Justice System
18 Months in Prison for The Wrong Username
Not On Record | EP#228 | When Judges Apply Two Standards: The Appeal Court Response
EP#227 | Judge Cross-Examines Accused, Conviction Overturned