A false allegation of sexual assault can have a devastating effect on a person and his or her family. Unfortunately, there are a few possible circumstances in which an individual can find him or herself in this nightmarish scenario:
- After the fact, a consensual encounter is being misrepresented as sexual assault.
- A victim identifies the wrong person after being assaulted.
- A person with malevolent intent chooses to falsely accuse another.
Your friendships, intimate relationships, and career can be ruined as a result of being falsely accused. The accusations do not have to involve physical contact for damage to be done to your reputation. Allegations of sexual harassment can also be detrimental to your livelihood and associations, as well. In an article published in the journal of the Ontario Confederation of University Faculty Associations, charges of harassment do not even have to be true. The allegation can be made if a person believes some form of harm or wrongdoing has occurred, and the assertion then has to be investigated.
In either case, you should retain a skilled and experienced sexual assault criminal defence lawyer in your area.
If You Are Falsely Accused, Here Is What to Do
After an untrue claim of sexual assault is leveled against you, you must protect yourself immediately. Plan a sound defence strategy the moment you are brought to the attention of the police by retaining a top criminal defence lawyer. It is highly rational to think that if you are innocent, all will be well after you tell your side of the story. Charges will be dropped and you can continue with your life. The hard truth is that defending yourself against such charges is never as simple as that.
It does not matter how ridiculous you find the charges against you, you will need to deal with them directly. Above all else, make sure you exercise your right to remain silent and do not speak to the police about the allegations or your version of events. Reference should be made to the videos on our website which explain why you should never talk to the police or give the police a statement when you are accused of or arrested for a sexual crime.
A good lawyer will carefully review the police reports and witness statements (i.e. the “disclosure”) with you and receive your version of events with a view to devising the best possible strategy for winning your case. After this initial meeting, the lawyer will have you review the disclosure and advise you to review and document your interactions and experiences with the person making the allegations. You should record as many specific details as you can, including the dates events took place. Gather a list of potential witnesses who may have seen you with your accuser and do not let the information you are gathering be seen or fall into the hands of anyone else’s hands except for your lawyer. Your lawyer should then should have multiple and lengthy meetings with you to fully prepare to win your trial.
In some cases, your lawyer may advise you that he or she needs to hire a private investigator to explore the facts of the case and examine the background of the complainant. The crown is expected to provide your lawyer with full disclosure of the evidence against you. For indictable (i.e. serious) sexual matters, your lawyer may further advise you to elect to have a preliminary hearing before heading to trial in order to obtain full discovery of the crown’s case against you. Cross-examination of the complainant and other witnesses at a preliminary hearing by a skilled criminal defence lawyer, can often increase your chances of winning at trial. It is very difficult, if not impossible for an accused to mount a proper defence without retaining a good criminal lawyer. An experienced lawyer will be able to help you with the process and hopefully win your case.
Falsely Accused of Sexual Assault? Hire an Experienced Defence Lawyer in Toronto, Kitchener, London or Windsor
The lawyers at Kruse Law have worked with hundreds of clients in the same situation. We understand the value and importance of a strong defence. We will use our resources and experience to protect your rights and reputation. For a free consultation, click here or call (416) 912-4999 to learn how our firm can help you.