What Is Sexual Assault?
Section 271 of the Criminal Code defines sexual assault as any form of unwanted sexual contact or activity committed without consent. The definition is not limited to contact with particular parts of the human body. Instead, it focuses on acts of a sexual nature that infringe upon the victim's sexual integrity.
Consent is defined under section 273.1 (1) of the Criminal Code as the voluntary agreement to engage in the sexual activity in question. A person cannot legally consent to sexual activity if they are underage, intoxicated, or otherwise unable to fully understand or communicate their decision.
Mistakes to Avoid When Facing a Sexual Assault Charge
- Speaking to the police before you consult a lawyer: It is always a mistake to speak to the police without legal representation because what you say can be misconstrued and used against you.This means declining any samples for DNA or volunteering any information prior to speaking with your experienced sexual assault lawyer who will give you legal counsel
- Speaking to the complainant: Cut off all direct and indirect communication with the alleged victim, even if you believe the situation is a misunderstanding. Any communication with the victim can be used against you in court and may be perceived as harassment or intimidation.
Sexual Assault Charge: Next Steps
First and foremost - understand the peril you face. A sexual assault charge can lead to severe consequences. It’s essential that you maintain your composure and manage your case with the help of a criminal defence lawyer. Working with an experienced sexual assault lawyer can help you navigate this complex situation.
Create a Timeline of the Event(s)
Retaining notes, making a timeline of events and making copies of other documents or records that could be pertinent to your case may be a great help to your lawyer in mounting a defence. Speak to your lawyer before destroying anything which may be considered evidence. Take screenshots of text messages, emails and social media content which may be relevant.
Make a List of Witnesses
A witness is anyone who might be able to provide evidence or information about the alleged victim and the alleged sexual assault. Ensure that you retain the names, contact information, description, employment, and other information about witnesses that may be relevant to your case.
Retaining Evidence Relevant to Your Sexual Assault Case
Compile all relevant records such as text messages, voice recordings, emails, social media communications, computer records, and GPS records. These records may help demonstrate the nature of your relationship with the alleged victim, provide evidence concerning consent, or offer an alibi if you were not with the victim at the time of the alleged sexual assault.
Furthermore, you should collect any physical evidence that might support your case and preserve it in a safe and secure manner. Physical evidence might include clothing, photographs, or surveillance footage from the location of the alleged incident.
Get Legal Counsel From an Experienced Sexual Assault Lawyer
The most important step you can take when facing a sexual assault charge is to consult an experienced sexual assault lawyer. An experienced sexual assault lawyer will help you navigate the legal process, protect your rights, and build a strong defence.
Consulting a sexual assault lawyer has numerous benefits:
- In-depth knowledge of sexual assault laws and legal procedure
- Proficiency in managing evidence
- Navigating potential penalties and unfavourable outcomes
- Effective negotiation skills
- Familiarity with local courts and legal experts
When selecting a criminal lawyer for your sexual assault charge you should consider their experience, reputation, and expertise in sexual assault cases. Consult a lawyer who has the experience and skill set needed to handle the circumstances of your particular case.
Hire Nicholas Robinson, Criminal Lawyer to Fight Your Sexual Assault Charge
Nicholas Robinson is a criminal defence lawyer with offices in Regina, Saskatchewan and Toronto, Ontario who is dedicated to creating client-centred solutions. Nicholas attempts to craft legal solutions that match the goals and personal circumstances of each individual client.
Don't hesitate to call Nicholas at (306) 585-1777 for a free initial consultation to discuss your legal needs and concerns.