Sexual Assault is one of the most serious charges that an individual can face. Even the allegation of sexual assault can haunt someone for the rest of their lives and the criminal consequences of conviction are often significant, including both the imposition of significant jail sentences and registration on both the federal and provincial sex offenders’ registries. A conviction can be obtained on the basis of the evidence of a single witness and corroborating evidence is not a mandatory requirement. For this reason, the involvement of an experienced Criminal Defence Lawyer is critical for individuals charged with this offence.

Proving Sexual Assault

Sexual intercourse without consent is the most highly publicized version of sexual assault, however, it is not the only type of interaction that can result in this charge being laid. A sexual assault is any kind of assault that is of a sexual nature such that the sexual integrity of the victim is violated. This means that the Crown must first prove that an assault occurred and then that the assault was of a sexual nature. An assault can involve any kind of touching without consent and, in fact, the definition of assault in the Criminal Code need not involve any physical contact at all. As a result, a conviction for sexual assault is possible for activity falling well short of actual intercourse including, for example, exposing oneself to another without their consent.

Consent

Like simple assault, in order to obtain a conviction for sexual assault, the Crown must prove beyond a reasonable doubt that the activity took place without the consent of the alleged victim. Often times, the issue of whether the sexual activity took place is not in dispute. Rather, the issue is whether or not consent was provided. The Criminal Code contains specific rules relating to what scenarios can and cannot lead to a finding of consent. In order to most effectively challenge the Crown’s case, it is important to have the assistance of an experienced Criminal Defence Lawyer familiar with the nuances in this area of law.

Defences

Even where the Crown is successful in establishing that non-consensual sexual activity occurred, there may be a defence of “honest but mistaken belief” available depending on the circumstances. Again, this defence is limited by certain sections of the Criminal Code and must be advanced carefully in order to be successful.  

Evidence at trial

As mentioned, the fact that there may not be additional witnesses or other evidence as part of the Crown’s case against you does not mean that they will not be successful at trial. If the complainant’s evidence is compelling and not seriously challenged curing cross-examination, conviction is a very real possibility. The assistance of an experienced Criminal Defence Lawyer is your best chance at creating reasonable doubt as it relates to the Crown’s case. An effective cross-examination of the complainant may dispense with the need for the accused to testify and be subjected to their own cross-examination by an experienced Crown Attorney

In addition, the law on what types of questions may be asked and what types of evidence may be presented on a charge of sexual assault is complicated and evolving. Changes to the Criminal Code have become regular and additional restrictions have been put in place in response to the prominence of the discussion about sexual assault at the political level. An experienced Criminal Defence Lawyer can bring and argue the applications that are necessary for introducing important evidence. Further, they can assist in challenging new laws that may place unacceptable limits on important rights protected by the Charter of Rights and Freedoms.

A conviction for sexual assault can have a significant impact, both in terms of the penalties from the court and collateral consequences to areas such as employment and travel. In addition, there are special rules of evidence that must be complied with in order to mount a full and proper defence to the charge in court. If you’ve been charged with sexual assault, an experienced Criminal Defence Lawyer who stays up to date with this rapidly changing area of law is your best chance at achieving a positive outcome in your case. To book your free consultation with a lawyer at SWH Law please click here.