Facing charges for a sexual offence can be overwhelming and frightening, but understanding the available defences and how they can be applied to your case is essential. A strong defence can significantly impact the outcome of your case, potentially leading to reduced charges or even an acquittal.
What is Needed to Convict
To secure a conviction for a sexual offence, the prosecution must prove beyond a reasonable doubt that the act occurred, the accused had the intent to commit the act or was reckless regarding the lack of consent, and the complainant did not consent to the act or was incapable of consenting.
General Defences for Sexual Offences
Consent: In many sexual offence cases, the accused can argue that the complainant voluntarily agreed to the sexual activity. The consent must be clear, ongoing, and can be withdrawn at any time. It cannot be given if the complainant is underage, unconscious, or otherwise incapable of consenting.
Mistaken Belief in Consent: The accused may claim they had a genuine but mistaken belief that the complainant consented to the sexual activity. This defence requires the accused to show that their belief was honest and reasonable, and that they took reasonable steps to ascertain consent.
Alibi: If the accused was not present at the location where the alleged offence took place, they could not have committed the crime. This defence must be corroborated by evidence such as witness testimony, receipts, or video footage proving the accused was elsewhere at the time of the offence.
Lack of Intent: The accused may argue that they did not have the intent to commit a sexual offence, suggesting that the act was accidental or misunderstood. The defence must establish that any contact was not sexual in nature or that the accused was unaware their actions could be perceived as such.
Insufficient Evidence: This defence argues that the prosecution has not provided enough evidence to prove the accused's guilt beyond a reasonable doubt. It involves challenging the credibility, reliability, or sufficiency of the prosecution's evidence, including witness testimony and physical evidence.
Violation of Charter Rights: If the accused’s Charter rights were violated during the investigation or legal process, this can lead to evidence being excluded or charges being dismissed. Common violations include unlawful search and seizure, denial of the right to counsel, and excessive delays in bringing the case to trial.
Speak to a Sexual Assault Lawyer Today
If you are facing charges for a sexual offence, it is essential to seek legal counsel immediately. A skilled criminal lawyer can provide the guidance and representation you need to navigate the legal system and protect your future. Call (855) 585-1777 for a free consultation today.
