In the absence of physical evidence, one of the biggest challenges during a sexual assault trial is separating fact from fiction. Also present is the delicate balance of encouraging victims to report the crime and ensuring false accusations or hearsay are not factored into the analysis of the case. Complicating the matter further in court is an individual's understanding of what is meant by consent and the perceived credibility and reliability of the accuser.
In a perfect world, the complexity of sexual assault would be non-existent. The crime is on the rise and affects lives of countless people. Statistics Canada reported that sexual violations against children in 2016 were up 30% compared to the year before. Offences related to sexual activity overall increased 11% during the same period.
Though sexual assault is a genuine problem in Canada, so is the trend of false accusations. In a report released by Canada’s CTV, 14% of sexual assaults reported to the police were “unfounded.” If you are facing a charge of sexual assault, work with our local sexual assault defence lawyers to help with your case.
What You Should and Should Not Do When Drinking
Casual drinking takes place in several situations. Sports fans cheer for their favorite team at a local pub. A few friends reminisce at a small house party. Colleagues unwind at happy hour after a long day. However, the presence of alcohol can lead to poor decision making.
Understandably so, Canadian law stipulates consent for sex is always required. Consent can be given only when an individual can make an informed decision. So, from a legal standpoint, it is easy to make a case that consent is not necessarily fully informed if the other party has been drinking to excess and is showing signs of intoxication.
Because, in the presence of alcohol, consent may be difficult to establish, consider the following:
- Have a firm understanding of what consent actually is. Also, be aware of when it can and cannot be given.
- Communicate with your partner. Consent for one act does not mean consent to all acts performed. It is best to ensure you and your partner are both in agreement on what you will do. Do not engage in sexual activity unless you have received both a verbal “yes” and the body language of your partner is also saying “yes” throughout the entire sexual act.
- Make sure the party you are interested in has not had too much to drink and still has good judgment and thought processes.
- Be respectful of the boundaries set by your partner.
What not to do:
- Never encourage a person with whom you want to have sex to drink past their limit.
- Never grope someone for example, on the dance floor, unless they have given full consent.
- Do not try to take home the most intoxicated person in the venue.
- Never try to continue sexual acts with someone who has once given consent, but has given even the slightest indication that they have changed their mind.
Hire a Sexual Assault Criminal Defence Lawyer in Toronto, Kitchener, London or Windsor
At Kruse Law, we understand the stress a person may experience during a case involving sexual assault. Do not put your reputation, relationships, career or freedom at risk. As highly experienced sexual assault defence lawyers, we know what it takes to get positive results, even in the most negative of situations. To schedule a free consultation, call our toll free number 1-800-699-0806 or click here so we can help.