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Criminal & DUI Lawyers, including:
Three Former Crown Prosecutors

How Often Do Sexual Assault Cases Go To Trial?

You’ve been charged with sexual assault. You’ve come to our law firm and retain us and you want to plead innocent. You say to me “Mike I didn’t do this I want to head to trial. What are my odds of winning that type of case?” 

Well first of all in order to really answer that question we have to obtain all of the police reports that is the victim’s statement but let’s assume for a moment that it’s a he said she said case. The only evidence against you is a person’s word. There is no injuries. There is no other evidence. There is no other witnesses. I can make a general statement that those cases are by in large always defendable. You always have a reasonable chance of winning that type of case so client’s say to me how often does that type of case go to trial? Every time. How often do we win those types of cases at Kruse Law Firm? Often and the reason for that is there is the WD test. 

First of all the Crown has to prove the case against you beyond a reasonable doubt and the Judge or jury has to say to themselves look is there any reasonable doubt here? If I believe the accused I must acquit. Even if I only have a reasonable doubt I must acquit. I might not even believe the accused so the Crown has to go much more beyond that you are probably guilty. Reasonable doubt is far closer to absolute certainty than it is to probabilities so you can see how you can win these cases when there’s just he said she said and there’s no other witnesses. Conversely if there is other powerful evidence against you, if you’ve confessed for example, you’re not going to win. So we find that most of our clients that are charged with sexual assault wind up going to trial because there is often no other evidence and we win a very large percentage of those cases.

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