If you’re under investigation for sexual assault, understanding your legal rights is essential. As experienced sexual assault lawyers in Ontario, we help clients navigate these complex investigations while protecting their rights and building strong defences.
Understanding Your Rights if You’re Accused of Sexual Assault
The Presumption of Innocence
In Canada, you are presumed to be innocent unless and until the Crown is able to prove you are guilty beyond a reasonable doubt. As explained in our article about how someone can get charged with sexual assault, this fundamental right means:
- The Crown must prove guilt beyond a reasonable doubt
- You don’t have to prove your innocence
- You have the right to challenge evidence
- You’re entitled to a fair trial
Your Right to Remain Silent
As detailed in our video about Canadian Miranda rights and your right to remain silent, you have:
- The right to remain silent when questioned
- No obligation to provide statements to police
- Protection against self-incrimination
- The right to consult with a lawyer before speaking to the police
Your Legal Rights During a Police Investigation
When and How You May Be Questioned
Our team advises that during questioning, you should always be aware of your rights and how to navigate the process effectively. It’s important to know that:
- You can refuse to answer questions
- You have the right to retain and instruction counsel without delay upon arrest or detention
- You should request to speak to a lawyer to receive legal advice if you have been arrested or detained by the police
- If you have been placed under arrest or detention, you should not provide any statements to the police or answer any questions about the allegations
- If you are not under arrest or detention, you can end a police interview at any time
We prioritize guiding clients through these steps to ensure they understand their rights at every stage of the process.
Do You Have to Speak to Police or Provide a Statement?
No, you don’t. Please remember:
- Anything you say can be used against you
- Police may use various tactics to encourage talking
- Even innocent explanations can be misinterpreted
- Consult a lawyer before making statements
Learn more in our article about how police gather evidence against you.
Search, Seizure, and Evidence Collection
Your Rights During a Search
Police must follow strict rules when:
- Executing search warrants
- Collecting physical evidence
- Searching electronic devices
- Taking DNA samples
What Police Can and Cannot Seize
Understanding search limitations is crucial:
- Warrant requirements
- Scope of authorized searches
- Privacy protections
- Digital evidence rules
What Happens If You’re Arrested or Charged
Understanding the Charges and Allegations
As explained in our guide about proving sexual assault, you have the right to:
- Know the specific charges
- Review evidence against you
- Challenge the allegations
- Present your defence
The Bail Process and Release Conditions
When facing a bail hearing, it’s essential to understand your rights and the options available to you.
- You have the right to a bail hearing
- Bail release conditions may be negotiated with the Crown
- Release plans can be proposed
- Surety options can be discussed
Learn about the trial process and what to expect.
Your Right to Legal Representation
The Role of a Criminal Defence Lawyer
Legal representation plays a vital role in ensuring your rights are upheld throughout the criminal process. A skilled defence lawyer can help you:
- Protect your rights
- Challenge evidence
- Navigate procedures
- Build your defence
- Negotiate a favourable resolution
- Win your trial
We’re here to guide you every step of the way, just as we do for clients at all of our locations.
When to Contact a Lawyer
Contact a lawyer immediately if:
- Police want to question you
- You’re under investigation
- You’ve been arrested
- You’ve received a summons
Learn more in our video about how long sexual assault investigations take.
Preparing Your Defence
Preserving Evidence and Witnesses
Critical steps include:
- Documenting everything
- Identifying witnesses
- Preserving communications
- Maintaining records
- Avoiding social media
Reviewing Disclosure from the Crown
Your rights include:
- Access to evidence
- Time to review materials
- Ability to challenge evidence
- Right to full disclosure
Navigating the Legal System
Overview of the Court Process
Understanding timelines and procedures:
- First and subsequent appearances in case management court
- Preliminary inquiry
- Crown pre-trials
- Judicial pre-trials
- Trial proceedings
- Possible outcomes
Managing the Impact of the Investigation
Protecting your interests during:
- Employment issues
- Media attention
- Social consequences
- Professional impacts
Frequently Asked Questions
Should I talk to the police without a lawyer?
No. Always consult with a lawyer before speaking to police or investigators.
How long do sexual assault investigations take?
Investigations can take months or even years for complex cases. Having legal representation early is crucial.
Can I contact the complainant?
No. Avoid all contact with the complainant, as this could result in additional charges.
Get Professional Legal Help
If you’re under investigation for sexual assault, contact Kruse Law immediately. Contact us at our Windsor, London, Kitchener or Toronto offices. Our experienced team will:
- Protect your rights
- Guide you through the process
- Build your defence
- Fight for the best outcome
Contact Us
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