Sexual OffencesSexual assault is an assault [... ] committed in circumstances of a sexual nature, such that the sexual integrity of the victim is violated. An important aspect of sexual assault trials is the assessment of witnesses' credibility and reliability (see R. v. S. (W.D.), [1994] 3 S.C.R. 521).
Oftentimes, other aspects of sexual assault cases demand significant attention. The defence of "honest but mistaken belief in consent", for instance, requires a complex and nuanced analysis of the facts and the law. Additionally, the law of evidence in sexual assault cases is more complex than in non-sexual criminal cases. Specific rules of evidence apply to sexual charges (e.g., s. 276 of the Criminal Code of Canada), while they do not apply to non-sexual charges. Those rules might require the accused to initiate pre-trial applications. Those pre-trial applications are also complex and nuanced. A seasoned criminal defence lawyer can explain these issues, initiate pre-trial applications if necessary, and effectively deploy the defences available. If you have been accused of a sexual offence, you should get expert representation as soon as possible. Call us now for a consultation. |
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