Mock Trial Simulation: Sexual Offense Case Analysis

Justices of the Peace: Mock Trial Sexual Offence Kasha Pajerski, Mani Padashi, Ali Omar, Puneet Panesar, Luciano Nika, Lindsay Miller and Victor Koziol Skit Opening of the Trial Lindsay : Please Rise. The Court of JUST 4060 is now in session, the Honourable Judge.. Judge (to bailiff): What is today’s case? Lindsay : Today’s case is Crown versus Jones. Lindsay: Mr. Jones you have been charged with 1 count of sexual assault under section 271 how do you plead ? Lindsay: Mr. Jones you have been charged with 1 count of Sexual Interference under section 151 how do you plead? Lindsay: Mr Jones you have been charged with 1 count of Forcible Confinement under section 279(2) how do you plead? Judge: Is the prosecution ready? Mani : Yes, your honour. Judge: Is the Defense Ali :Yes, your honour. Opening Statement of the Crown

Your honor, ladies, and gentlemen of the jury my name is Mani Padashi, and I will be representing the crown with regards to this matter. Today's case is about how a child who put trust into her teacher and how that trust was broken. Today the defense will try to portray the accused Mr. Jones as a victim due to his past physical abuse and possible dependencies on various substances but do not be fooled by this innocent demeanor. He is a sexual predator hiding as a teacher in a middle school, we as a society put a significant amount of trust into him to protect the rights of these innocent children and to be a great example for them. However, on the day of the event, he broke that trust when he invited an innocent child over to his apartment to assist her with personal music lessons. But instead of doing that he not only confined her to the apartment but sexually assaulted her numerously. On that horrific day, Mr. Jones took an innocent child’s virginity away from her. One could only imagine the horrific things that could have potentially happened to Kasha while in Jason Jones’ apartment. It was due to the grace of God that she was able to get free herself. Sexual predators such as Mr. Jones need to be put away for a long time, as he is a dangerous offender which if released to the general public he might potentially take many other childhoods away from beautiful young minds, not only in our educational system but as a whole. Today you have the opportunity to make right what Mr. Jones did to Kasha, by convicting him of all three charges; one count of sexual assault, one count of sexual interference, and one count of the forcible confinement of a minor and putting him away for a very long time. JUDGE- Is the defence ready? DEFENSE - Yes, your honour? Opening Statement of Defence

Good afternoon, your honour, and members of the jury. My name is Ali Omar, and I am representing the defendant Jason Jones in this case. My goal for today is to present the facts of the case, and using these facts we should be able to establish some doubt that my client Mr.Jones is innocent and not guilty of the following charges of sexual assault, sexual interference and forcible confinement. Using your expertise you as the Jury will be the ones deciding if my client is innocent or guilty. When deciding if my client is guilty or not I want you to keep in mind that everyone is innocent until proven guilty beyond a reasonable doubt, as mentioned in section 11(d) of the charter. Before this case gets in depth, I want to let you know that my client has faced several traumatic events throughout his life as he has been sexually assaulted multiple times as a child. Due to this, he has now formed several mental health and substance abuse issues. As a child, Mr.Jones was touched by an authority figure who he looked up to, who then ended up taking advantage of Jason as he was only 12 years old. Furthermore, due to these past events, Mr.Jones has difficulties with peer relationships, substance abuse, and depression. As the jury I want you to be empathetic in this case and not be biased towards my client Mr. Jones or Kasha. With all this being said, I will also prove that my client did not commit any of the crimes that the crown mentioned earlier as there is insufficient evidence that proves Mr. Jason Jones is guilty. Witness (Kasha) CROWN EXAMINATION Questions for Kasha,

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Mani: Your Honour may I proceed? Judge: You may. Mani: I would like to call Kasha Pajerski to the stand. Lindsay: Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth? Kasha : I do Mani: Can you State your name for the record? Kasha : Kasha Pajerski Mani: How old are you Kasha? Kasha: I am 14 years old. Mani: What Grade are you in? Kasha: Grade 9. Mani: Which school do you attend? Kasha: I attend Duke of York Secondary Public School. Mani: Can you identify the accused in this room who assaulted you and confined you? Kasha: Yes I can. Mani: What is the accused name? Kasha: Mr. Jason Jones Mani: How do you know him? Kasha: He was actually my music teacher at my school. Mani: How long have you taken music lessons with him? Kasha: I have taken lessons with him for a month or so. Mani: What exactly happened on the date of the event?

Kasha: I was going to Mr. Jones’s apartment after school for music lessons. He started to get closer to me, making sexual advances. I immediately didn’t feel comfortable, so I told Mr. Jones that I wanted to go home. He wouldn’t let me leave and instead overpowered me where he tied my wrists together with some rope. He sexually assaulted me and refused to let me go for two days. Finally, when he left to go somewhere, I was able to get myself out of the rope and got out of the apartment. Mani : Can you please describe how you got out of the ropes? Kasha :I tried to rotate my wrists back and forth to loosen the rope, when he wasn’t looking. I also tried to rub my wrists together to use friction, anything that could help me escape from being tied up. When he was gone, I was finally able to wriggle my wrists out of them, and escape his apartment. Witness (Kasha) DEFENSE CROSS EXAMINATION Ali: Are you currently in a relationship? Kasha: Yes.

Ali: Are you sexually active? Kasha: Um, no I am not. Ali: Did you make any noise during the 48 hours in the apartment complex? Kasha: Initially I tried to make as much noise as possible, but Mr. Jones covered my mouth with duct tape. I was also scared that if I did not cooperate, he would hurt me even more. Ali : Why didn't you mention that earlier Kasha: I don’t know. I’m just a little girl leave me alone! Witness (Luciano- Detective) CROWN EXAMINATION Mani: Your Honour may I proceed? Judge: You may. Mani: I would like to call Detective Luciano to the stand. Lindsay : Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing

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but the truth? Luciano: I do Mani: Can you state your name for the record Luciano : Luciano Nikka Mani: Mr. Nikka what do you do for living Luciano: I am a detective sergeant in Toronto Sex Unit Mani :How long have you been a police officer and how long have you been a detective? Luciano: 5 years as a police officer, and 1 year as a detective Mani: Detective Luciano, when doing the police report what did you describe. Luciano : Kasha said she went to Jason’s apartment to rehearse but he started touching her legs sexual and asked to have sex. When Kasha refused, Jason forcefully grabbed her and tied her up for approximately 2 days, during which he started sexually touching her genitals and breast. She manage let herself loose from the rope and ran out while Jason went to the store. Mani : Did you find any evidence of struggle? Any DNA evidence? Luciano: We searched the home and the premise and we found a rope with blood on it. We sent it to the lab and confirmed that is was Kasha’s DNA. A table was kicked over, and the premises looked trashed perhaps from struggle. Kasha’s hair follicles were also on the floor, which we identified with the lab. After searching Jason's vehicle we also found a shovel, more rope and a saw. Mani: Based on the evidence in the vehicle what could you infer would have happened if Kasha did not escape. Luciano: Well after interrogating Jason we identified that this was not his first offence and he had done this before, this is the first time it has been reported.Using this information it looked as if there could be a potentially lead to a killing.. Ali: Your honour, that’s a speculation. One cannot jump to conclusions based on such little information that my client would such heinous crimes.

Mani - No further questions your Honour. DEFENSE CROSS EXAMINATION ON LUCCI Ali: Your Honour may I proceed? Judge: You may. Ali: In the examination you indicated that you have been a Detective for about 1 year is that correct? Luciano: Yes Ali: Have you ever investigated a sexual assault case? Luciano :I have done a few as a police officer, but this is my first as a detective. Ali: Your telling me your supervisors placed you! An incompetent, inexperienced…

Mani: Your honour, he's badgering my client! Judge: (Says overruled or sustained) Ali: You indicated that you found Kasha’s hair follicles in Mr. Jason Jones’s apartment, is it possible that these hair follicles were there due to prior lessons at his house. Luciano: Yes Ali: Moving on, are there any security cameras in the area? Luciano: Yes Ali: Is there any video’s showing my client entering the apartment with the victim? Luciano: No. The video camera’s in the building have been down for the last few months. Ali: Thank you your honour, no further questions. Witness (Victor) CROWN EXAMINATION #2 Mani: Your Honour may I proceed? Judge: You may. Mani: The Crown calls Forensic Analyst Victor Koziol to the stand. Lindsay: Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth? Victor: I do. CROWN EXAMINATION Mani :State your name and occupation.

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Victor: Forensic analyst. Mani: How many experience do you have in this field? Victor: 10 years. Mani: How many times have you testified in court ? Victor: None this is my first time. Mani: What items and evidence did you receive and requested to analyze? Victor: A few hair samples, duct tape with saliva, a rope with a blood smear, a blood sample,underwear with seman on it, and a rape kit Mani : How did you receive the evidence? Victor: It was handed to me in person by Detective Luciano Mani: Was the evidence retrieved in the appropriate manner for you to examine? Victor : Yes, For the most part. Mani: What was the finding of the evidence? Victor: The hair sample matched the DNA of the victim, the slavia matched the victim's DNA as well, and so did the skin particles on the tape that was presumably used to muzzle the victim. Mani- No further questions your Honour.

DEFENSE CROSS EXAMINATION Ali: Your honour may I proceed? Judge: You may. Ali : How are you doing Victor? Victor: I’m doing well. Ali: I just wanted to clarify that you stated you received the evidence in an appropriate manner “for the most part”. Victor: Yes I did. Ali: What does this mean? Victor: Most of the evidence I received was gathered properly, except for the blood sample which was gathered in a plastic container and not on paper. Ali: What are the possible effects of this?

Victor:There is a possibility of mold. Ali : Shows the rope and blood on it. Is this the same blood sample you tested. Victor : Yes. Ali: When you examined the underwear from the scene, what were the findings. Victor: There were 2 types of bodily fluid, one matched the victims, and the other did not match the accused. Ali : Was this the underwear you examined (shows exhibit)? Victor : Yes. Ali: That is all. CROWN EXAMINATION PUNEET #3 Mani: Your Honour may I proceed? Judge: You may. Mani : The Crown calls Puneet Panesar. Lindsay : Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth? Puneet: I do. Mani: State your name for the record. Puneet : Puneet Panesar. Mani: Can you please tell us where you currently reside Puneet: 365 parliament. Mani: What do you do for a living? Puneet: EMS.

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Mani : What were you doing at the time when you met Kasha? Puneet: Going for a smoke. Mani : When the victim approached you what state was she in? Puneet: Nervous and timid. Mani: What was your reaction to her state? Puneet: Was worried and curious and wanted to help so i called 911 Mani :What did the 911 operator instruct you to do? Puneet: Take her back home to a safe place. Mani: How did the 14 year old victim feel about this? Puneet: Very reluctant. Mani: Did you see any bruises on the victim's wrist? Puneet: Yes. Mani: Do you believe that the bruises were caused by confinement she experienced? Ali: You honour thats a leading question! Mani: When did you stop having interactions with Kasha? Puneet: As soon as the officers took her away. Mani: No further questions.

Crown Closing Statement: Ladies and gentlemen of the jury your honour today you have heard various testimonies describing to you in vivid details the heinous crimes committed by Mr. Jones with regards to Kasha and innocent child who was just trying to take some extra music lessons. The defense will try and convince you that the evidence collected at the scene of the crime might not have been collected properly and that there was no video evidence showing the victim walk into the apartment complex. But don’t let these mishaps deter you from the actual truth with regards to the pain and suffering that this child has endured, and it was only due to the grace of God that she was able to free herself. Now I want you to imagine and put yourself into the shoe of this innocent child’s parents and now if this had happened to your child how would you feel. When you return, I ask you to use your common sense and parental instincts and convict Mr. Jones of all crimes committed. Defense Closing Statements : Based on the information provided there is no proof that my client committed any sexual assault nor sexual interference, since the bodily fluid found on the underwear did not match my client's DNA. In addition, the blood sample may have been contaminated as it was not gathered properly, which makes the evidence inadmissible.

Furthermore, there was no proof of my client and victim walking into the apartment as there were no witness or videos that captured them walking into his apartment and the hair that was found may have been there from prior lessons. Based on the inconsistencies of the semen sample and the blood sample not being able to be used, this puts Kasha’s testimony into question whether my client forcibly confined her. R. v Jones Scenario Breakdown Case Synopsis On Friday, May 9, 2016, at approximately 7:00 am, Toronto Police received a phone call from a local resident, Mr.Puneet, whose address iss 365 Parliament Street, apartment 320 in the city of Toronto. Mr.Puneet stated that while he was in the lobby of 365 Parliament Street, a young female ran into the lobby. The young female had accused a male on Parliament Street of sexually assaulting her and that she was held captive in his apartment for around forty eight hours. Mr.Puneet stated that the young female had blood stains all over her clothing and that there bruises on her face and on her arms. At approximately 7:20 am, police were sent to 365 Parliament Street to Puneet’s apartment, number 234. In the apartment, a police officer was introduced to Puneet and the young female. The young female told the police officer that she was meeting her music teacher at his apartment on 365 Parliament Street, apartment 610, on Wednesday, May 7, 2016, at 4:00pm for an after school private clarinet lessons. The young female also told the officer that it was her fifth clarinet lesson. The young female reported that once in the apartment, Mr. Jones started to make sexual advances on her. When she refused and mentioned that she would like to leave the

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apartment to go home, Mr. Jones restrained her by using rope to tie her up to his bed. The Sex Crimes Unit of the Toronto Police Service arrived at the scene took the victim to St. Michael’s hospital, located at 314 Adelaide St E, Toronto. Upon arrival, the victim stood on a white sheet to catch any physical evidence stripped from the body. Her clothing was collected by the Sex Crimes Unit and the nurses measured various abrasions and bruises on her body, and proceeded to photograph the markings. The victim was administered a rape kit, in which the nurse collected biological samples of blood, saliva and other bodily fluids. Afterwards, the nurse and a police officer documented her medical history, emotional state and account of the assault and confinement. Based on the information and evidence that has been collected on Friday, May 9, 2016, at approximately 3:15pm, the police officer went to the Justice of the Peace requesting a search warrant to enter Mr. Puneet’s apartment and his vehicle, on reasonable grounds that there is additional evidence relating to the sexual assault and confinement. The Justice of the Peace approved the warrant. On Friday, May 9th at approximately 4:00pm, Toronto Police entered Mr. Puneet’s apartment on 365 Parliament Street, apartment 610, with the search warrant. The search led to a number of items being photographed and collected to be sent to Forensic Identification Services on 2050 Jane Street, Toronto, for analysis. Among the items collected included bed sheets, pillow cases and a piece of rope that was still attached to the bed. The police ordered Mr. Jones, who was found in his apartment, to take them to his vehicle in the parking lot of 365 Parliament Street, which was searched. Additional items that were photographed and collected for evidence included a shovel, rope, and a saw. The police also collected a receipt from a Walmart, matching the items. Mr. Puneet was informed of his rights that are guaranteed under section 10 of the

Canadian Charter of Rights and Freedoms. At approximately 7:00pm, Mr. Puneet was arrested and charged with the following offences: Sexual assault, sexual interference and forcible confinement. Sexual assault 271. Everyone who commits a sexual assault is guilty of (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months. Sexual Interference 151. Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days. Forcible Confinement 279 (2). Everyone who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

Justice of the Peace: Case Breakdown BACKGROUND ON ACCUSED Name: Jason Jones Age: 56 Sex: Male Date of Birth: June 4th, 1961 Address: 365 Parliament Street Apt.610, Toronto, On M5A 2Z9 Marital Status: Single Occupation: Part time music teacher Psychiatric History : - Sexual abused several times as a child by his choir director, who was very demanding when making genital contact with Mr.Puneet. - Now faces issues with Self-esteem, Guilt, Shame, Embarrassment, and difficulties with peer relationships, substance abuse and depression. BACKGROUND ON VICTIM Name: KP Age: 14 Sex: Female Address: 295 Gerrard St. Toronto, Ontario M5X 1B8 Connection to Accused: Mr. Puneet is currently the music teacher at Duke of York Secondary Public School, and currently Miss KP music teacher.

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BACKGROUND ON THE CASE Charges: - Section 271 Sexual Assault (x1) - Section 151 Sexual Interference (x1) - Section 279(2) Forcible Confinement (x1) SUMMARY OF DETECTIVE’S NOTES Kasha said she went to Jason’s apartment to rehearse but he started touching her legs sexual and asked to have sex. When Kasha refused, Jason forcefully grabbed her and tied her up for approximately 2 days, during which he started sexually touching her genitals and breast. She manage let herself loose from the rope and ran out while Jason went to the store. After interrogating Jason we identified that this was not his first offence and he had done this before, this is the first time it has been reported.Using this information it looked as if there could be a potentially lead to a killing.. CROWN OBJECTIVE: Prove that Jason Jones is not as innocent as he seems and is guilty of Section 271 Sexual Assault Section 151 Sexual Interference, Section 279(2) Forcible Confinement. DEFENCE OBJECTIVE: To prove Jason Jones did not commit any of the crimes stated earlier, and he is mentally unstable due to the mental health, and substance abuse issue he faced from previous sexual abuse trauma faced as a child.

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