There is nothing more terrifying than being charged with a crime you didn’t commit, especially when it is as severe as sexual assault. While many crimes are black-and-white, sexual assault is in a continuous gray-area. What one person feels is perfectly sensible; another might feel it is assault. 

This gray line can lead to a high number of charges against people for sexual assault, and you are ever one of those people, you must know what to do next, what not to do, and how a criminal defence lawyer can help you. 

What To Do If You’re Charged With Sexual Assault 

If you have been charged with sexual assault, you immediately hire a criminal defence lawyer to support your case. You should also do the following: 

  • Gather and preserve all the physical evidence relating to the victim and the incident, including clothing, photos, and objects.
  • Gather all documents, such as texts, emails, and GPS records, computer records (as they will show you where you were at the time). 
  • Make a list of potential witnesses that saw you on the night. Their opinion will either help or hinder your case, so getting them down on a list will help you. 

All these should be handed over to your Calgary criminal defence lawyer as soon as possible to ensure they can use it for your case.

What Not To Do If You’re Charged With Sexual Assault 

Just as important as it is to preserve and build evidence to your case, there are certain things you should not do if you have been charged, including: 

  • Talk or try to talk to the victim in any way possible 
  • Talk to law enforcement or other investigators without your lawyer present
  • Do not agree to a test that is not mandatory—such as DNA testing before your arrest—or give any evidence to law enforcement without consulting with a lawyer first 

Undertaking of these can affect your case and result in your case suffering. If you have inadvertently done any of this, speak to your criminal lawyer immediately. 

How A Criminal Defence Lawyer in Calgary Can Help You 

A criminal defence lawyer is essential for being a defence case against your charge. Contesting the charge without a lawyer might see you fail in your case, resulting in jail time. Your sexual assault lawyer will prepare a defense that will typically explore specific issues, including:

  • The complexity and difficulty of your case. Your lawyer will provide you with information on what is the best course of action of you – such as accepting a plea deal or going to trial 
  • Determining whether the victim is lying about what happened
  • Determining if the victim has mistakenly or internationally identified the accuser (you) as the offender
  • Whether the evidence against you (fingerprints, DNA, photographs, video, eyewitness accounts) establishes you as the offender of the crime, and if the evidence is misleading or incorrect. They will also counteract any DNA testing submitted before the arrest.
  • If you have a reliable and trustworthy alibi on the day or night of the incident 

At the same time, your sexual assault lawyer will help advise you on the right course of action to make sure you get the best defence possible. They will advise you on all your legal rights as a defendant so you are well aware of where you stand with everything. 

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An experienced Calgary criminal defence lawyer will be aware of the possible defenses for your case and will not the necessary steps to take for you to get it. They are your number one supporter and will help ensure that you are not charged and sentenced for a crime you did not commit. 

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264.

Being charged for sexual assault is a severe situation. When the accused is brought to trial, there will be plenty of factors that will affect the case. While some are considered minor, others will be regarded as significant and will influence the jury’s decision.

Factors Provided By A Sexual Assault Lawyer That Are Considered In A Sexual Assault Case

  • The Initial Testimony Of The Victim
    Perhaps the most significant point in any sexual assault case is the testimony of the victim. Their account of what happened will be the backbone of the prosecution’s case against the accused. The defence lawyer will break down the testimony and the evidence behind it, to see how it holds up in court.  
  • If The Victim Was Intoxicated
    If the victim was intoxicated during the incident, their memory of the event might not be what happened. It is therefore considered a vital factor that during the case if the victim was not in the right state of mind.
  • The Credibility Of The Victim, The Accused And Any Witnesses
    The character history of the victim, the accused and any witnesses will be taken into account. The reputation of all of them could enhance or negatively affect the case.
  • If A Rape Exam Was Conducted
    If rape has occurred and been reported to the authorities, then a rape examination would have taken place. The details of the report can have a massive impact on the outcome of the case.
  • The Viewpoint Of The Accused
    While the victim’s testimony is the second most substantial part of the charge (following on from any physical evidence), the viewpoint from the accused will also be assessed. Discrepancies between the two stories will be sought by a criminal defence lawyer. It will help the accused’s case or lessen the likelihood of a severe sentence.
  • Previous Criminal History Of The Accused
    If the accused has a previous history of sexual assault or violence, it will weigh heavily against them. If they do not, it will help them in the outcome of the charge. The prosecution and the sexual assault lawyer will have this information beforehand.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264

In the #Metoo era, it can be difficult for people to know where the line is drawn. And there could be no more grey line than sexual assault. Being accused is dangerous enough to ruin lives, and if you are charged and convicted, you could face serious jail time. But what is considered sexual assault? And what happens if you’ve been accused of the crime?

What Is Sexual Assault?

In its most basic form, sexual assault is any unwanted sexual act done by one person to another. It can be anything from touching to openly expressing sexual desire against the person’s wishes. Sexual assault can include the following:  

  • Forced fondling or kissing
  • An act of violence or aggression involving a sexual nature which is verbal, emotional or physical.
  • Unwelcome sexual comments, threats or harassment that make a person feel uncomfortable.
  • Non-consensual sexual contact or touching sexually without permission
  • Forced vaginal, anal or oral penetration, also known as rape.
  • Attempted forced penetration, known as attempted rape.

Sexual assault does not only occur between men and women; it can happen between people of the same sex, minors, and even if they are married.

While the list might seem easy to comprehend, in real life, the lines can be blurred. Both prosecution and criminal defence lawyers will analyse circumstances surrounding the case to determine if an assault did take place and if it did, in what way was it sexual.

What Will Sexual Assault Lawyers Look At In Court?

When a case is presented in court, sexual assault lawyers will take a more in-depth look at:  

  • The situation in which the assault occurred
  • The verbal inclination behind the contact
  • The build-up to the situation
  • Mental states of both attacker and victim
  • DNA evidence and other elements of evidence

Call A Sexual Assault Lawyer If You’re Charged

If you have been accused or charged with sexual assault, it is imperative that you look towards getting a sexual assault lawyer to help you with your case. They will be able to support you, both legally and emotionally, on how to overcome the charge.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264