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