Being accused of sexual assault is a serious, life-altering event. Whether innocent or guilty, the accused faces not only legal repercussions but also potential damage to their reputation, relationships, and mental well-being. This is why having a strong defence strategy is essential.
A well-prepared criminal defence lawyer will work diligently to ensure the accused receives a fair trial in Calgary, crafting a strategy tailored to the specifics of the case. From exploring defences like consent and mistaken identity to addressing a lack of physical evidence or false accusations, building a robust defence can often be the difference between conviction and acquittal.
In this article, our criminal defence lawyers at Batting, Wyman Barristers have provided some of the most common defences used in sexual assault cases and provide important advice on what to do if you find yourself accused.
4 Key Sexual Assault Defences
A sexual assault lawyer in Calgary can employ several defences to challenge the prosecution’s case. Below are some of the most commonly used defences in sexual assault cases:
- Consent – Consent is one of the most frequently raised defences in sexual assault cases. It argues that the sexual act in question was consensual. In these cases, the defence will present evidence, such as communication records or testimony, to demonstrate mutual agreement between the parties involved. However, proving that the consent was informed, voluntary, and uncoerced is essential.
- Alibi – An alibi is another effective defence in which the accused provides evidence that they were not present at the location where the alleged assault occurred. This can be supported by witnesses, video footage, or other time-stamped evidence that demonstrates the impossibility of the accused’s involvement.
- Lack of Physical Evidence – In many sexual assault cases, the prosecution’s argument relies heavily on physical evidence. A lack of such evidence can be a significant weakness in their case. Defence lawyers can use the absence of DNA, fingerprints, or other forensic evidence to create doubt about whether the alleged assault occurred.
- Mistaken Identity – This occurs when the complainant incorrectly identifies the accused as the perpetrator. Sexual assault cases can be particularly prone to such errors due to stress, poor visibility, or other factors affecting the complainant’s memory. Defence lawyers will explore inconsistencies in the complainant’s description or challenge the reliability of their identification.
For those who were charged with sexual assault for the first time, learn more about the minimum sentences and other key information in this blog.
Do’s and Don’ts When Accused of Sexual Assault Lawyers
If you find yourself accused of sexual assault, the steps you take in the immediate aftermath can greatly affect your case. Here’s what you should and should not do:
Do’s:
- Hire an experienced criminal defence lawyer – As soon as possible, get in touch a sexual assault lawyer in Calgary to guide you through the process.
- Collect any relevant evidence – Keep records of communication, alibi evidence, and witness contact details.
- Stay silent – Do not speak to the police without legal representation. Anything you say can be used against you in court.
- Cooperate with your lawyer – Provide all the facts and follow their advice on how to proceed.
Don’ts:
- Don’t contact the complainant – Reaching out to the person accusing you can be viewed as witness tampering and harm your defence.
- Don’t share details on social media – Public statements can be used against you in court and may damage your credibility.
- Don’t ignore the situation – Taking the matter lightly or refusing to engage in your defence could lead to a quick conviction.
- False Accusations – False accusations, while rare, do occur. In some instances, personal motives—such as revenge, jealousy, or a misunderstanding—may lead to false allegations of sexual assault. Defence lawyers may present evidence that undermines the credibility of the complainant’s claims or motivations to file the charges.
When to Hire a Sexual Assault Lawyer in Calgary
If you’re facing sexual assault charges, the stakes couldn’t be higher. Whether the defence is consent, alibi, lack of evidence, mistaken identity, or false accusations, a knowledgeable and empathetic criminal defence lawyer will craft a defence tailored to your case.
At Batting, Wyman Barristers, the most significant component of our criminal defence lawyers’ practice is the defence of individuals charged with sexual offences. Very few charges carry the stigma and jeopardy associated with sexual assault allegations. The stakes are high, and the prosecutions are unlike any other Criminal Code.
We offer a free 30-minute consultation. Give us a call at 403-263-4949. We are available 24/7 if you need assistance.
