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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