With the exception of Manitoba, the number of reported sexual assaults in Canada is on the rise. This does not necessarily mean that more sexual assaults are taking place, but it does mean that more individuals are reporting.
The term “sexual assault” is used in reference to all occurrences of unwanted sexual contact. Its definition encompasses more than intercourse that is non-consensual. Kissing, touching, and fondling are also included if those actions are done without consent.
If convicted, you will be required by the court to submit your information for Canada’s Sex Offender Registry. Those in the registry have been convicted of:
- Sexual exploitation
- Child pornography
- Sexual assault
- Aggravated sexual assault
- and many other offenses
If charged or accused, do not risk incarceration or losing your livelihood. An experienced sexual assault defence lawyer in Toronto, Kitchener, London or Windsor will be able to help.
Can Sexual Assault Be Proven with No Physical Evidence?
A common misconception is that authorities and investigators need forensic evidence to prove sexual assault. That is not true. What is true is that the investigation and prosecution of sexual crimes is a time intensive process that is difficult and intricate.
Initially, reports of sexual assault appear to be situations in which it is one person’s word against another’s. Experienced police investigators are accustomed to those scenarios and understand there may no forensic evidence available to assist in proving the allegations.
How will they attempt to prove sexual assault occurred?
- During the interview, suspects are approached from an information gathering perspective rather than being the brunt of interrogation methods.
- Investigators document every detail about the allegation possible and the history of the complainant’s and accused’s relationship, no matter how small.
- Throughout the course of the enquiry, circumstantial evidence is gathered. For example, investigators will look for changes in the behavior patterns of the suspect and the victim. Has there been a change in their routine? Did they uncharacteristically miss work? If they are in school, did they miss class or withdraw from social groups?
- Investigators will attempt to prove there were elements of fear, force, or threats from either the suspect or the victim.
- An exhaustive search for any witness who will testify would be conducted including friends or family members that the victim may have talked to about the allegations.
Schedule a Free Consultation with a Sexual Assault Defence Lawyer
You will be faced with severe consequences and potential jail time if you are convicted of sexual assault. There is a broad range of what comprises the offence, so you want to hire a lawyer with enough experience to understand the different facets and nuances of your case.
Depending on the severity of the sexual assault, you could be handed a sentence that is nothing more than probation or you could be sentenced to years of incarceration for a rape conviction. If convicted of aggravated sexual assault, the maximum jail term is a life sentence.
The pain and suffering do not stop there. There is also the possibility of being named in a civil lawsuit. You do not even have to be convicted if the alleged victim or his or her family chooses to move forward with a civil suit.
If you are dealing with charges of sexual assault, do not take the chance of being torn from your family even for one day. Schedule a free consultation or call our toll free number 1-800-699-0806 to speak with one of our criminal defence lawyers today.