Facing a sexual assault charge is undoubtedly a serious and distressing situation. If you’re contemplating heading to trial and pleading not guilty, several factors come into play in assessing the likelihood of success.

Case Dynamics

  • He Said, She Said Scenario:
    • If the case primarily relies on conflicting statements with no additional evidence, injuries, or other witnesses, it is often deemed defendable.
  • Evidence Assessment:
    • The absence of injuries, lack of supporting evidence, or other witnesses may increase the odds of winning the case.

Legal Standard: Beyond a Reasonable Doubt

  • Burden on the Crown:
    • The burden is on the Crown to prove the case beyond a reasonable doubt, emphasizing a high standard of certainty.
  • Reasonable Doubt Standard:
    • The judge or jury must be convinced of the accused’s guilt with no reasonable doubt. Even a reasonable doubt necessitates an acquittal.

The WD Test

  • Significance:
    • The WD test, representing the importance of witness credibility and reliability, plays a crucial role in sexual assault cases.
  • Assessment Criteria:
    • The court evaluates the credibility and reliability of the witness’s testimony, considering factors such as consistency, demeanor, and plausibility.

Trial Frequency and Success Rate

  • Common Trial Occurrence:
    • Sexual assault cases often proceed to trial, especially when the evidence primarily relies on  “he said/she said” conflicting statements.
  • Trial Success Rate:
    • Law firms experienced in defending sexual assault cases, like Kruse Law Firm, report a very high success rate, particularly when the evidence is limited to “he said/she said” cases.

While the outcome of any legal case is highly dependent on its unique circumstances, understanding the legal landscape, the burden of proof, and the importance of witness credibility is crucial. Seeking legal counsel with experience in sexual assault cases can significantly impact the defense strategy and potential success in court.

For personalized advice and guidance tailored to your specific case, consult with our experienced legal team at Kruse Law Firm.

Video Transcription:

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.

By Published On: July 20, 2023Last Updated: December 11, 2023Categories: Sexual Assault, Video

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