Being accused of sexual assault or arrested for any type of sexual crime is unlike any other criminal offence. Allegations, whether true or false, may cost you your community standing, your job, your liberty and possibly your relationship with loved ones.
Most criminal trials of rape cases and those that involve sexual assault generally involve ambiguity about consent or mistaken belief in consent. Unfortunately, the collecting of accurate information is often sacrificed during the investigation process.
It is imperative that investigators preserve and test physical evidence such as semen, blood, hair, DNA and relevant fibers which are vital for the prosecution as they build their case. However, investigators are human and humans make mistakes. There is a small percentage of those falsely accused who are still convicted of sexual assault.
An experienced sexual assault defence lawyer in Toronto, Kitchener, London or Windsor can help you fight the charges leveled against you.
You Need a Strong Defence Against Sexual Assault Charges
You have many defences that are able to counter charges of sexual assault. If someone is falsely accused of any other type of crime, they will probably profess their innocence to their lawyer. That is no different in the case of sexual assault.
Defendants of sexual assault charges might admit to the actions in question, but stand firm in their position that their actions did not constitute a sexual assault because they had consent. Because crimes of this nature are taken so seriously and the laws governing it are complex, it is best to be aware of the various methods to mount a defence.
The most rudimentary defence in a case involving sexual assault is innocence. Arguments could be made that the accused was in an entirely different city, province or other location at the time of the crime. This is called an “alibi.” To build a defence based on claims of innocence, credible and reliable evidence must be led at trial to create a reasonable doubt that the accused was not with the alleged victim when the crime took place.
Another common defence is the claim of mistaken identity. Similar to presenting an alibi, the defendant must offer credible evidence to create a reasonable doubt that the alleged victim has not identified the correct perpetrator of the sexual assault.
In many cases, a person charged with a sexual assault will admit there was a sexual act. However, their defence is that the alleged victim consented to the sexual activity in question. One of the fundamental components of a sexual assault case is that the behavior of the accused occurs against the will of the alleged victim. Therefore, if the defendant is able to establish a reasonable doubt that the complainant consented to the sexual contact, a very solid defence can be created.
However, depending on the facts of the case, establishing consent may be challenging. In some cases, defendants are simply not able to provide credible or reliable evidence that the alleged victim consented. In other cases, proving consent is impossible. If the alleged victim was extremely drunk or high on drugs, mentally challenged, a minor or unable to understand the nature of the sexual behaviour, these factors will make them unable to genuinely provide consent. In some cases, even if the complainant did not consent, the accused may be able to win their case at trial by raising a reasonable doubt that he or she had an honest but mistaken belief in consent.
Sexual Assault Defence Lawyers in Toronto, Kitchener, London or Windsor can Help
If you are faced with sexual assault allegations or any other type of sexual crime, it may appear the world is against you. It is time you had a skilled and experienced advocate whose goal is to protect your reputation, rights and freedom.
Contact Kruse Law as soon as possible. Our experienced sexual assault lawyers possess the necessary knowledge and skills to prepare a strong defence against the charges.