Sexual Assault
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Sexual Assault
Sexual assault is one of the most commonly charged and prosecuted offences in the Criminal Code. The definition is simple, a sexual touching without consent, but the nuances of this complicated area of the law are anything but. Moreover, the consequences both in and out of the courtroom can be severe and life-altering.
Sexual assault covers a wide variety of conduct. It ranges in gravity from a brief unwanted touching of the buttocks to violent forced intercourse and everything in between. Though these acts are very different, they are all captured by the singular offence of sexual assault.
Consent, or the lack thereof, is often the issue these cases turn on. The law examines what’s in the mind of the alleged victim, as well as the reasonableness of what the alleged perpetrator believed about consent at the time. Valid consent must be communicated at every stage of a sexual interaction. Consent cannot be given in advance. Nor can a person consent if they are asleep or otherwise unconscious. The person giving consent must also have the capacity to do so. Factors such as impairment, age, the use of condoms, and relationships of trust or authority can all impact the validity of consent.
There is also a complicated evidentiary framework that applies only to sexual offences. The Criminal Code prohibits the introduction of evidence of “other sexual activity” involving the alleged victim, unless the accused brings an application and demonstrates it is relevant to an issue at trial without invoking the “twin myths” or other now-debunked stereotypes about how victims of sexual assault behave.
Similarly, where an accused wants to use “records” in their possession as part of their defence at trial, they must bring an application and demonstrate the “records” are relevant to an issue at trial and that they have significant probative value that is not substantially outweighed by their prejudicial effect.
A “record” includes a medical or therapeutic record, but also includes things like text messages, or emails, so long as the alleged victim has a reasonable expectation of privacy in that item.
The complicated legal, evidentiary and procedural issues at play in sexual assault trials make having an experienced lawyer a necessity. At Hepburn Wilhelm we understand theses complexities and the importance of building an effective and responsive strategy from the outset. A court of law is not a court of public opinion. Even in a sexual assault trial, there is only one presumption at play – the presumption of innocence.
At Hepburn Wilhelm Criminal Defence, our goal is to ensure every client receives the personalized focus and attention their case deserves. We provide high-quality criminal defence representation tailored to your case with skill and empathy. If you are facing sexual assault charges, get in touch with us today.
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Kaley Hepburn & Lauren Wilhelm: Advocates in Your Corner
Hepburn Wilhelm is a boutique criminal defence firm in Hamilton, Ontario. With over 30 years of combined experience, we provide straightforward advice and skilled representation through all stages of the criminal process. Whether inside the courtroom or behind the scenes, we work hard to make sure your rights are protected, as we strive to achieve the best possible outcome for your case.
Honest Advice. Skilled Representation. Optimal Solutions.
Call: (905) 512-8449
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