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Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: **notonrecord** In Not On Record Episode 206, Joseph Neuberger and Diana Davison examine a disturbing case involving a false sexual assault threat against a prosecutor, and what it reveals about the justice system’s uneven treatment of false allegations, public mischief, extortion, credibility, and the real-world damage caused by wrongful accusations. This episode explores the legal and human consequences of false sexual assault claims, the difference between an acquittal and demonstrable factual innocence, and why so few complainants are ever prosecuted even where there is strong evidence of deceit. The discussion also looks at Crown discretion, victim impact, mental health court, intimidating a justice participant, and whether weak sentences undermine confidence in the administration of justice. Joseph and Diana also dig into a broader issue at the heart of many criminal defence cases: people do lie, sometimes for pressure, revenge, leverage, panic, or other ulterior motives. Ignoring that reality does not protect justice. It distorts it. This episode is essential viewing for anyone interested in criminal law in Canada, false accusations, sexual assault allegations, wrongful charges, due process, and the integrity of the courts. Joseph and Diana also dig into a broader issue at the heart of many **criminal defence** cases: people do lie, sometimes for pressure, revenge, leverage, panic, or other ulterior motives. Ignoring that reality does not protect justice. It distorts it. This episode is essential viewing for anyone interested in **criminal law in Canada**, **false accusations**, **sexual assault allegations**, **wrongful charges**, **due process**, and the integrity of the courts. #NotOnRecord #FalseAllegations #CriminalDefence #SexualAssaultLaw #JusticeSystem --- ## **Short Description** A sharp discussion on false allegations, threats of false sexual assault claims, and why the justice system rarely holds dishonest complainants accountable. --- ## **SEO Meta Description** Not On Record Episode 206 examines false allegations, threats of false sexual assault claims, public mischief, extortion, criminal defence, and the justice system’s response to proven lies in criminal cases. --- ## **Suggested Chapters** **00:00** False allegations and lack of consequences **01:11** The prosecutor case and the alleged false threat **02:50** Investigation, humiliation, and victim impact **05:01** Why the original complaint was still treated as credible **07:01** Why complainants sometimes recant and prosecutors continue anyway **11:25** Mental health court, sentencing, and the 90-day house arrest debate **16:00** Why false accusations strike at the integrity of justice **20:27** The real takeaway: people lie, and the system must face it Website: http://www.NotOnRecordpodcast.com Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok: https://www.tiktok.com/@notonrecordpodcast Facebook: https://www.facebook.com/notonrecord Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. Produced by Possibly Correct Media www.PossiblyCorrect.com #Podcast #law #MeToo

In Not on Record Episode 204, criminal defence lawyer Joseph Neuberger responds to claims that concerns about false sexual assault allegations are a “myth” and lays out a forceful defence of due process, the presumption of innocence, and the need for real criminal investigations in Canada. Drawing on decades of courtroom experience, Joseph and the panel discuss wrongful accusations, sexual assault law in Canada, cross-examination, reasonable doubt, digital evidence, police investigations, fabricated complaints, criminal defence strategy, and the growing tension between supporting complainants and protecting the rights of the accused. This episode also examines how withdrawn charges, video evidence, text messages, and judicial findings can expose false allegations, while warning against any effort to weaken the bedrock principles of the Canadian criminal justice system. If you care about criminal law, false accusations, wrongful convictions, sexual assault trials, charter rights, and access to justice, this is an essential conversation. Short Description Joseph Neuberger breaks down the debate over false sexual assault allegations, due process, and why proof beyond a reasonable doubt must remain the standard in Canada’s criminal justice system. SEO Meta Description Not on Record Episode 204 explores false sexual assault allegations, due process, wrongful accusations, digital evidence, and the defence of proof beyond a reasonable doubt in Canadian criminal law. Chapters 00:00 Joseph Neuberger’s Canadian Lawyer article 01:33 Is the “false allegation crisis” a myth? 06:01 Real cases with verifiable evidence of fabrication 13:01 Stats, surveys, and the problem with false reporting data 16:08 Police investigations, complainant support, and courtroom reality 25:48 Why lowering the burden of proof is dangerous 38:43 Withdrawn charges, motives to fabricate, and hidden patterns 53:08 Ontario Court of Appeal case and myths going both ways Website: http://www.NotOnRecordpodcast.com Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok: https://www.tiktok.com/@notonrecordpodcast Facebook: https://www.facebook.com/notonrecord Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. Produced by Possibly Correct Media www.PossiblyCorrect.com #Podcast #law #MeToo

Sponsored by EasyDNS [https://easydns.com/NotOnRecord](https://easydns.com/NotOnRecord) How should courts treat an accused person’s *post-offence* behaviour apologies, emotional reactions, “weird” texts, or even what looks like a confession without turning normal human messiness into “consciousness of guilt”? Joseph, Diana, and the crew break down the guardrails around after-the-fact conduct and why context is everything, especially in sexual assault cases. They walk through three fresh decisions: **Townsend (2025 BCCA 459)** on the danger of leaping to guilt from a volatile reaction (and the appellate correction when alternative explanations weren’t properly weighed), **JA (2025 ONSC 4531)** on how chaotic teen/young-adult texting can be misread as admissions when there’s no clear denial, and **PG (2025 ONSC 7018)** the “Godly Conduct Agreement” case where highly religious language that *sounds* like a confession is ultimately understood as moral guilt and inner turmoil, not proof beyond a reasonable doubt. The through-line: if you don’t rigorously test other plausible explanations, post-offence conduct becomes a shortcut to wrongful inferences. ## **Short description** Three new 2025 cases on after-the-fact conduct why “looks guilty” isn’t proof, and how context (texts, panic reactions, religious guilt) can change everything. ## **SEO meta description** Not on Record reviews three 2025 decisions on post-offence/after-the-fact conduct Townsend (BCCA), JA (ONSC), and PG (ONSC) and explains the legal guardrails that prevent misreading texts, apologies, and behaviour as guilt. ## **Keywords** post-offence conduct; after-the-fact conduct; consciousness of guilt; circumstantial evidence; sexual assault trials; credibility and reliability; appellate review; R v Townsend 2025 BCCA 459; R v JA 2025 ONSC 4531; R v PG 2025 ONSC 7018; text message evidence; failure to deny; admissions and confessions; moral guilt vs legal guilt; judge-alone trial; Canadian criminal law; defence strategy; reasonable doubt ## **Hashtags** #NotOnRecord #CanadianLaw #CriminalLaw #SexualAssaultLaw #DefenceLawyer #ReasonableDoubt #AfterTheFactConduct #PostOffenceConduct #ConsciousnessOfGuilt #Evidence #AppealCourt #TrialStrategy #TextMessages #Credibility #LegalPodcast |Not On Record 😍 We 𝐇𝐎𝐏𝐄 𝐘𝐎𝐔 𝐄𝐍𝐉𝐎𝐘 𝐓𝐇𝐈𝐒! ▶ If you enjoy this video, please like it and share it. ▶ Don't forget to subscribe to this channel for more updates. ▶ Subscribe now: https://www.youtube.com/@NotOnRecord?sub_confirmation=1 ⚡️ 𝐂𝐎𝐍𝐍𝐄𝐂𝐓 𝐖𝐈𝐓𝐇 𝐔𝐒: 👉 Website: [www.notonrecordpodcast.com](http://www.notonrecordpodcast.com/) 👉 Instagram: https://www.instagram.com/notonrecordpodcast/ 👉 Facebook: https://www.facebook.com/notonrecord 👉 Twitter: https://x.com/notonrecord 👉 Email: [notonrecordpodcast@gmail.com](mailto:notonrecordpodcast@gmail.com) 🎬 𝐖𝐀𝐓𝐂𝐇 𝐎𝐔𝐑 𝐎𝐓𝐇𝐄𝐑 𝐕𝐈𝐃𝐄𝐎𝐒: ▶ https://youtu.be/-fz8YHFmKeo ▶ https://youtu.be/XzKgI6Plxc8 ▶ https://youtu.be/ZajyU-72liI ▶ https://youtu.be/6fKGT83GIBM ▶ https://youtu.be/GdGgX04Mu5A 🔔 𝐒𝐔𝐁𝐒𝐂𝐑𝐈𝐏𝐓𝐈𝐎𝐍 𝐋𝐈𝐍𝐊: ▶ https://www.youtube.com/@NotOnRecord?sub_confirmation=1 ⚠️ 𝐃𝐈𝐒𝐂𝐋𝐀𝐈𝐌𝐄𝐑: We do not accept any liability for any loss or damage incurred from you acting or not acting as a result of watching any of my publications. You acknowledge that you use the information I provide at your own risk. do your own research. ✖️ 𝐂𝐎𝐏𝐘𝐑𝐈𝐆𝐇𝐓 𝐍𝐎𝐓𝐈𝐂𝐄: This video and my YouTube channel contain dialog, music, and image that are property of " Not On Record " You are authorized to share the video link and channel and embed this video in your website or others as long as a link back to my YouTube Channel is provided @NotOnRecord ▶ 𝐑𝐄𝐋𝐀𝐓𝐄𝐃 𝐊𝐄𝐘𝐖𝐎𝐑𝐃𝐒:- **EP#196** Please, like, share and subscribe with your friends and family. Also don't forget to like, subscribe, and hit the notification bell to notify you if I post a new video. Much love and God bless Website: [http://www.NotOnRecordpodcast.com](http://www.notonrecordpodcast.com/) Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok: https://www.tiktok.com/@notonrecordpodcast Facebook: https://www.facebook.com/notonrecord Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP [http://www.nrlawyers.com](http://www.nrlawyers.com/). Produced by Possibly Correct Media [www.PossiblyCorrect.com](http://www.possiblycorrect.com/)

Sponsored by EasyDNS https://easydns.com/NotOnRecord 🔹Short Description: 🏒 Joseph Neuberger and Alper Scotch give their furious first reaction to **R. v. Rioux (2025 SCC 34)**, a new Supreme Court of Canada decision on consent, blackouts, and capacity that they say is “ripe for abuse” and a danger to due process. ⚖️📢🎙️ 📝Meta Description: Not On Record breaks down **R. v. Rioux (2025 SCC 34)**, a new Supreme Court of Canada sexual assault ruling on consent, blackouts, and capacity that Joseph Neuberger warns is “ripe for abuse.” 🎧🧑‍⚖️🏒 Joseph and Alper dive into one of the most unsettling sexual assault decisions to come out of the Supreme Court of Canada in years: **R. v. Rioux, 2025 SCC 34**, released the very day they hit record. Still hot off the printer, the judgment sends Joseph’s blood pressure through the roof as he and Alper give their **raw, first reaction** to a 5–4 split decision that effectively rewrites how courts treat **consent, capacity, blackouts, and memory loss** in sexual assault trials. They walk through the core facts, then zero in on the majority’s treatment of **blackout and memory loss as circumstantial evidence of incapacity**, and the idea that a complainant’s *beliefs and assumptions* about how they “would have acted” can stand in for an actual memory of events. Along the way, they unpack the difference between **actus reus and mens rea**, explain why the distinction between **direct and circumstantial evidence** is being stretched to absurdity, and highlight how this reasoning risks turning ordinary adult sexual behaviour especially where alcohol is involved into a legal minefield. From Vegas blackout marriages to the realities of human behaviour after a few drinks, Joseph and Alper argue this ruling is **“ripe for abuse”** and dangerously divorced from common sense. With plenty of dark humour, legal nuance, and a few F-bombs, they lay the groundwork for a much deeper doctrinal analysis in Part Two of this “Consent Trilogy.” If you care about due process, evidentiary standards, and the future of sexual assault law in Canada, this is a must-listen. |Not On Record 😍 𝐈 𝐇𝐎𝐏𝐄 𝐘𝐎𝐔 𝐆𝐔𝐘𝐒 𝐄𝐍𝐉𝐎𝐘 𝐓𝐇𝐈𝐒! ▶ If you enjoy this video, please like it and share it. ▶ Don't forget to subscribe to this channel for more updates. ▶ Subscribe now: https://www.youtube.com/@NotOnRecord?sub_confirmation=1 ⚡️ 𝐂𝐎𝐍𝐍𝐄𝐂𝐓 𝐖𝐈𝐓𝐇 𝐔𝐒: 👉 Website: [www.notonrecordpodcast.com](http://www.notonrecordpodcast.com/) 👉 Instagram: https://www.instagram.com/notonrecordpodcast/ 👉 Facebook: https://www.facebook.com/notonrecord 👉 Twitter: https://x.com/notonrecord 👉 Email: [notonrecordpodcast@gmail.com](mailto:notonrecordpodcast@gmail.com) 🎬 𝐖𝐀𝐓𝐂𝐇 𝐎𝐔𝐑 𝐎𝐓𝐇𝐄𝐑 𝐕𝐈𝐃𝐄𝐎𝐒: ▶ https://youtu.be/-fz8YHFmKeo ▶ https://youtu.be/XzKgI6Plxc8 ▶ https://youtu.be/ZajyU-72liI ▶ https://youtu.be/6fKGT83GIBM ▶ https://youtu.be/GdGgX04Mu5A 🔔 𝐒𝐔𝐁𝐒𝐂𝐑𝐈𝐏𝐓𝐈𝐎𝐍 𝐋𝐈𝐍𝐊: ▶ https://www.youtube.com/@NotOnRecord?sub_confirmation=1 ⚠️ 𝐃𝐈𝐒𝐂𝐋𝐀𝐈𝐌𝐄𝐑: We do not accept any liability for any loss or damage incurred from you acting or not acting as a result of watching any of my publications. You acknowledge that you use the information I provide at your own risk. do your own research. ✖️ 𝐂𝐎𝐏𝐘𝐑𝐈𝐆𝐇𝐓 𝐍𝐎𝐓𝐈𝐂𝐄: This video and my YouTube channel contain dialog, music, and image that are property of " Not On Record " You are authorized to share the video link and channel and embed this video in your website or others as long as a link back to my YouTube Channel is provided @NotOnRecord ▶ 𝐑𝐄𝐋𝐀𝐓𝐄𝐃 𝐊𝐄𝐘𝐖𝐎𝐑𝐃𝐒:- #ep190 #NotOnRecord #SupremeCourtOfCanada #Section12 #MandatoryMinimums #CharterRights #CriminalLaw #Friesen #Senville #Sentencing #JudicialDiscretion #RuleOfLaw #CDNPoli #LegalPodcast #MediaNarratives #easyDNS Please, like, share and subscribe with your friends and family. Also don't forget to like, subscribe, and hit the notification bell to notify you if I post a new video. Much love and God bless Website: [http://www.NotOnRecordpodcast.com](http://www.notonrecordpodcast.com/) Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok: https://www.tiktok.com/@notonrecordpodcast Facebook: https://www.facebook.com/notonrecord Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP [http://www.nrlawyers.com](http://www.nrlawyers.com/). Produced by Possibly Correct Media [www.PossiblyCorrect.com](http://www.possiblycorrect.com/) #NotOnRecord #CriminalLaw #SexualAssaultLaw #ConsentLaw #CapacityToConsent #CaseLaw #LegalAnalysis #DueProcess #FalseAllegations #MensRea #MemoryLoss #IntoxicationLaw

Sponsored by EasyDNS https://easydns.com/NotOnRecord 🔹Short Description: 🏒 Can the Crown use texts a complainant hands to police without a warrant? We break down **R v Dhaliwal (2025)**, revisit **Marakah**, **Reeves**, and **Lampert**, and debate Section 8 privacy, seizures, and 24(2) exclusion in the age of digital evidence. ⚖️📢🎙️ 📝Meta Description: Not on Record EP188 Case review: how messages, recordings, and forensics led the Crown to withdraw five 2024 charges debunking myths about “withdrawn ≠ innocence” and false-allegation rates. 🎧🧑‍⚖️🏒 In this case-review episode, Joseph walks through a 2024 file in which a supervisor faced five sexual-assault charges supported by a 300-page sworn statement. Drawing on two decades of defence work, the team contrasts that narrative with a full digital extraction: Instagram DMs, texts, recordings, and time-stamped photos that mapped a consensual relationship and ultimately led to the Crown withdrawing all charges. They address a persistent myth in online comments (“withdrawn ≠ innocence”), explain why demonstrably fabricated complaints appear in roughly **30–40%** of their practice’s database, and outline the memo-to-Crown process, disclosure strategy, and the real costs, delays, and collateral damage an accused endures even when exonerated. The conversation closes with a preview of an upcoming segment on deepfakes and forensic counter-measures, plus a shout-out to sponsor EasyDNS. Like, comment, subscribe and send in your legal questions for a future case breakdown. |Not On Record 😍 𝐈 𝐇𝐎𝐏𝐄 𝐘𝐎𝐔 𝐆𝐔𝐘𝐒 𝐄𝐍𝐉𝐎𝐘 𝐓𝐇𝐈𝐒! ▶ If you enjoy this video, please like it and share it. ▶ Don't forget to subscribe to this channel for more updates. ▶ Subscribe now: https://www.youtube.com/@NotOnRecord?sub_confirmation=1 ⚡️ 𝐂𝐎𝐍𝐍𝐄𝐂𝐓 𝐖𝐈𝐓𝐇 𝐔𝐒: 👉 Website: [www.notonrecordpodcast.com](http://www.notonrecordpodcast.com/) 👉 Instagram: https://www.instagram.com/notonrecordpodcast/ 👉 Facebook: https://www.facebook.com/notonrecord 👉 Twitter: https://x.com/notonrecord 👉 Email: [notonrecordpodcast@gmail.com](mailto:notonrecordpodcast@gmail.com) 🎬 𝐖𝐀𝐓𝐂𝐇 𝐎𝐔𝐑 𝐎𝐓𝐇𝐄𝐑 𝐕𝐈𝐃𝐄𝐎𝐒: ▶ https://youtu.be/-fz8YHFmKeo ▶ https://youtu.be/XzKgI6Plxc8 ▶ https://youtu.be/ZajyU-72liI ▶ https://youtu.be/6fKGT83GIBM ▶ https://youtu.be/GdGgX04Mu5A 🔔 𝐒𝐔𝐁𝐒𝐂𝐑𝐈𝐏𝐓𝐈𝐎𝐍 𝐋𝐈𝐍𝐊: ▶ https://www.youtube.com/@NotOnRecord?sub_confirmation=1 ⚠️ 𝐃𝐈𝐒𝐂𝐋𝐀𝐈𝐌𝐄𝐑: We do not accept any liability for any loss or damage incurred from you acting or not acting as a result of watching any of my publications. You acknowledge that you use the information I provide at your own risk. do your own research. ✖️ 𝐂𝐎𝐏𝐘𝐑𝐈𝐆𝐇𝐓 𝐍𝐎𝐓𝐈𝐂𝐄: This video and my YouTube channel contain dialog, music, and image that are property of " Not On Record " You are authorized to share the video link and channel and embed this video in your website or others as long as a link back to my YouTube Channel is provided @NotOnRecord ▶ 𝐑𝐄𝐋𝐀𝐓𝐄𝐃 𝐊𝐄𝐘𝐖𝐎𝐑𝐃𝐒:- #ep188 #NotOnRecord #CriminalLaw #DueProcess #PresumptionOfInnocence #DigitalForensics #EvidenceMatters #CanadianLaw #FalseAllegations #RuleOfLaw #CrownDisclosure #DefenceBar #LegalPodcast #CaseReview #Deepfakes #EasyDNS Please, like, share and subscribe with your friends and family. Also don't forget to like, subscribe, and hit the notification bell to notify you if I post a new video. Much love and God bless Website: [http://www.NotOnRecordpodcast.com](http://www.notonrecordpodcast.com/) Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok: https://www.tiktok.com/@notonrecordpodcast Facebook: https://www.facebook.com/notonrecord Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP [http://www.nrlawyers.com](http://www.nrlawyers.com/). Produced by Possibly Correct Media [www.PossiblyCorrect.com](http://www.possiblycorrect.com/)