Sure. Probably the most frequent misconceptions I see in my apply is the concept the phrase of an accuser (also referred to as a complainant or alleged sufferer) will not be proof of a sexual assault. Or, so the misperception goes, it isn’t sufficient proof to warrant a prosecution.
The reality is that many sexual assault prosecutions are primarily based totally on one particular person’s allegation. In these instances, there isn’t any medical proof, incriminating textual content messages, recordings of the alleged offence, statements from the accused particular person, or anything which may assist the allegation.
The mere allegation itself could be sufficient for the prosecution in opposition to you to proceed and so that you can be discovered responsible.
Corroboration will not be required.
In legislation, we often communicate of corroboration or corroborative proof. Any such proof is separate from the phrase of the accuser. For instance, medical proof would possibly assist an allegation {that a} complainant was too drunk to consent to sex.
The Criminal Code of Canada gives corroborative proof will not be required for a sexual assault conviction.
Sexual assault is tough to show with out greater than the phrase of the accuser.
As a legal accused, you could be discovered responsible provided that the prosecutor (often known as the Crown in Canada) proves your guilt past an inexpensive doubt. Though the phrase of an accuser could be sufficient for a conviction, proving your guilt past an inexpensive doubt is tough to do with out greater than an allegation.
Hiring a lawyer if charged with sexual assault
Most legal defence corporations – together with ours – will communicate to people charged with sexual assault at no preliminary cost. The implications of an offence of this nature could be extreme and having authorized counsel can decrease or get rid of them.
You’ll be able to communicate to a lawyer now by calling us at (416) 999-8389, emailing us, or finishing an initial consultation form.
