Sexual Assault

Throughout Canada, sexual assault is treated as an extremely serious offence and charges are vigorously prosecuted by authorities. Sexual assault charges generally carry severe penalties if convicted. Not only is prison a strong likelihood, but registration on the Sexual Offender Registry is a virtual certainty, as are orders such as providing the authorities with a sample of your DNA and firearms prohibitions. If you have been accused of sexual assault, that alone can be enough to permanently damage your reputation and cause havoc in your personal and professional life, whether or not the allegations are true and whether or not you are ultimately convicted.

Over the last 20 years, the laws in relation to what evidence can be produced by the accused or used to cross examine the complainant in a sexual assault trial have become extremely complicated. These cases often require a series of pre-trial motions. Sexual assault prosecutions have become some of the most complex prosecutions seen in our courts on a day-to-day basis. Navigating a sexual assault trial without the guidance and representation of an experienced and competent criminal lawyer in today’s day and age would be extremely perilous.

Given the severe consequences of a sexual assault charge or conviction, you should contact a criminal lawyer immediately if you have been accused of sexual assault. Eisen Dyer LLP has defended countless sexual assault allegations over the years and carries an excellent track record of acquittals. They are exceptional criminal defence lawyers who can help you navigate the arduous process of defending yourself against these extremely serious charges.

Defending against a sexual assault charge can be extremely complicated

As set forth in Section 271 of the Criminal Code of Canada, sexual assault is any touching of another person without their consent where the touching is of a sexual nature, or where the sexual integrity of the alleged victim is violated. In order to determine if an assault was sexual in nature, a court may consider the parts of the body that were touched, the nature of that contact, the situation in which it occurred, and any words and gestures accompanying the act. The motives of the accused may also be taken into consideration. Consent — the voluntary agreement of both parties to engage in sexual activity – can be a determinative factor in deciding whether a sexual assault took place. Consent can be a complex legal question that hinges on many issues with regard to the words and conduct of the parties, including whether the complainant was incapable of consenting to the activity (for example, due to intoxication or mental illness); whether the complainant was induced into the activity through the misuse of power or authority; whether the complainant expressed a lack of agreement; whether all reasonable steps were taken by the accused person to confirm consent; and whether the complainant was under the age of consent.

Eisen Dyer LLP Provide Exceptional Defence to Sexual Assault Charges

Skilfully navigating the procedural and evidentiary rules and understanding the law of sexual assault is essential for an effective defence, and Eisen Dyer LLP have the depth of experience defending sexual assault charges to ensure you receive the best possible chance of a positive outcome. If you are facing sexual assault charges, the stakes are high; hiring an experienced criminal lawyer like those at Eisen Dyer LLP is always the best step you can take to ensure that your rights are protected and you get the advice you need.