Sexual Assault is defined as any assault of a sexual nature. In the Canadian criminal justice system, Sexual Assault charges are among the most serious an individual can face. If convicted, aside from jail time, a stigmatizing criminal record may follow the offender for life.
The imperative to protect complainants is among the highest priorities in Sexual Assault cases. Our criminal justice system has developed many special rules to ensure people who step forward with Sexual Assault allegations are safeguarded. For example, a complainants' past sexual history may only be introduced into evidence after a special hearing before a judge. Furthermore, the complainants' private records (whether medical or police) can only be accessed by the defence if the judge grants special permission to introduce them into evidence.
Defending the Accused in a Sexual Assault Case
In representing an individual accused of Sexual Assault, an immersive understanding of the options and tools available to fight these charges is imperative.
Counsel for the accused may retain private investigators and hire scientific experts (to analyze DNA or other evidence), among other strategies, to discover weaknesses in the Crown's case.
To effectively represent the accused in court, defence lawyers must make strategic, tactical decisions about how best to argue the evidence.
Sexual assault charges are very burdensome on the accused and their families, putting inordinate pressure and stress on family bonds. The legal process is generally lengthy and uncertain.
An experienced criminal lawyer can help you navigate the complexities of a Sexual Assault trial, ensuring you receive the best defence possible.
If you or someone you know is being accused of Sexual Assault, please reach out to us today to discuss how we can help ensure you receive the fairest defence and most passionate advocacy.
Caramanna, Friedberg LLP has successfully represented countless individuals accused of Sexual Assault. We are here to defend your rights. Call us 24/7 at (416) 924-5969.
See also domestic assault, assault with a weapon