Sexual Assault

Being charged with a sexual assault can be devastating. Criminal charges of a sexual nature carry a stigma like no other. The news media is quick to publish stories of sexual allegations on the front page. When that happens, the damage to the suspect's reputation is done. Even if the suspect is eventually found "not guilty," that story is usually buried in the back pages, if it is printed at all.

Protect your reputation.

If you've been contacted by the police regarding a sexual assault allegation, or if you've already been arrested and charged, call a criminal defence lawyer immediately. Get their advice on how you should deal with the police (your lawyer will most like likely tell you: "Don't say anything!"), and how to deal with the potential media storm that may follow.

While no lawyer can prevent the media from publishing or broadcasting a story, in some cases they can help balance the story by presenting your side. You should not talk to the media yourself. It's too easy to be misquoted, misunderstood or be placed in a bad light.

Whether it's talking to the police or the media, the general rule is: let your lawyer do the talking for you.

What is "sexual assault?"

Sexual assault has long been equated to rape, or attempted rape. While rape (non-consensual intercourse) is a sexual assault, the charge has expanded to cover a broad range of situations.

Sexual assault is an assault of a sexual nature. In other words, it arises when there is an unwanted touching for a sexual purpose. To determine if an assault is sexual in nature, the court looks at a number of factors:

• What part of the body was touched?
• What was the nature of the touching?
• What was the situation surrounding the incident? (e.g. at a party, etc.)
• What words and gestures accompanied the act?
• Any other relevant circumstances surrounding the incident.

Sexual assault allegations cover a wide range of activities, from groping, to child sexual abuse to non-consensual sexual intercourse.

Was the sexual touching consensual?

Consent is a defence to a sexual assault allegation. In some cases a person can be acquitted (where there was no consent), if there was an honest but mistaken belief that there was consent.

How does the court determine if there was consent?

In order to determine if the sexual activity was consensual, the court will look at all of the circumstances surrounding the allegation. What words were spoken? What actions or gestures were being made? What steps did the accused take to determine if consent was given? Each case will turn on it's own unique set of facts and circumstances, and those circumstances need to be examined by a criminal defence lawyer.

Not all sexual assault allegations are true.

There's a misconception that when an allegation is made, there must be some semblance of truth to it. That's not always the case. Some people may make a false allegation of sexual assault to conceal an infidelity, or to influence the outcome of another proceeding (for instance, in an acrimonious matrimonial dispute). If you've been charged with a sexual assault, and the allegation is false, call a lawyer immediately. Do not try to explain the situation to the police. Tell your lawyer what happened, and let your lawyer deal with the authorities.

He said, she said. Who's telling the truth?

Perceptions of the same event experienced by two people can be different. The victim of a perceived sexual assault may believe that there was no consent. The accused may believe that the sexual touching was consensual. Both may be telling the truth. One or both may be lying. How does the judge decide?

The credibility of the victim and the accused are often of primary importance in sexual assault cases. An experienced criminal defence lawyer knows how to:

• Present your side of the event,
• Cross examine the other person to challenge their credibility, or
• Cross-examine the other person to bring your side out in their testimony.

These are crucial skills you need to have on your side when credibility is the only thing separating you from a devastating criminal record and a potential jail sentence.

Once a judge and jury have heard the testimony, and reviewed the evidence they will have to determine if the charge was proved. The rule is that if the judge or jury believes the evidence of the accused, they must acquit. If they do not believe the accused, but nevertheless have a reasonable doubt, they must acquit. If the evidence including the evidence of the victim raises a reasonable doubt, they must acquit the accused.

It's clear why you need to have a criminal defence lawyer handle your case, if credibility is going to be an issue.

Historical sexual assault allegations.

Sexual assault charges can arise years after they allegedly occurred. Many of these allegations use legal terminology in use at the time, but no longer in use today. Terms like rape, attempted rape, indecent assault, and gross indecency might be used when the allegation took place in years past.

Historical allegations are difficult to deal with. Memories fade over time. Physical evidence and witnesses disappear. These challenges need to be handled by a lawyer with skill and expertise.

If you've been charged with a historical sexual assault, your lawyer needs to start working on your defence right away.

The bottom line.

If you've been charged with any sexual assault allegation, you need to contact a criminal defence lawyer immediately. From protecting your reputation to protecting your freedom, you need the help of a lawyer who knows how to navigate through, what are sometimes, very dangerous waters.