15 Mar Navigating the Legal System: A Guide to Sexual Assault Law in Calgary
Sexual assault cases represent some of the most intricate and sensitive matters within the criminal justice system. For individuals facing such serious accusations in Calgary, the need for an expert sexual assault lawyer is paramount. This guide provides a detailed overview of sexual assault offences and how these cases are handled in Calgary.
Sexual Assault Offences
Sexual assault is a serious crime in Canada, divided into three levels under the Criminal Code:
→ Sexual Assault (Section 271): This involves non-consensual sexual activity compromising the complainant’s sexual integrity, such as inappropriate touching and non-consensual intercourse.
→ Sexual Assault with a Weapon, Threats to a Third Party, or Causing Bodily Harm (Section 272): This category includes cases where an alleged sexual assault involves a weapon, threats, or bodily harm, increasing the severity of the offence. This category also includes sexual assaults perpetrated by more than one party.
→ Aggravated Sexual Assault (Section 273): This is the most severe category and involves sexual assault causing severe injuries or posing life-threatening harm.
The Legal Process for Sexual Assault Cases
The legal process for sexual assault cases involves several stages:
→ Investigation: Law enforcement investigates the complaint, collects evidence, and interviews witnesses. The initial steps include the alleged complainant reporting the assault to the police, followed by an initial investigation where police interview the alleged victim and gather evidence. In many cases, the alleged complainant may attend a hospital for a forensic sexual assault examination (i.e., “rape kit”) at the request or direction of the police.
→Charges: If sufficient evidence exists, charges are filed against the accused. This can lead to the arrest and charging of the suspect, who will likely be held in custody until a bail hearing.
The suspect and/or accused should at all times refrain from providing any information to the police during police questioning or otherwise. Citizens under investigation and/or arrest have a constitutionally protected right to silence. The refusal to respond to police questioning does not make a suspect or accused look guilty. On the contrary, it is the most effective and often the only way for a suspect or accused to protect themselves. We cannot stress this enough!
→ Bail Hearing: A court hearing determines whether the accused will be released or held in custody until the trial. The judge evaluates the evidence to decide on the accused’s release.
→ Pre-Trial: This stage involves gathering evidence, disclosure, and pre-trial motions. Both sides prepare their cases, and the defence may file pre-trial motions relating to the admissibility of evidence (e.g., applications adjudicating evidence of the complainant’s prior sexual activities, applications to exclude improperly obtained evidence under the Charter, etc.).
→ Trial: Both sides have the opportunity present their evidence and arguments, though an accused is never required to produce evidence or to prove anything at all. The onus at all times rests on the prosecution to prove the charges beyond a reasonable doubt. A judge or jury then determines the guilt or innocence of the accused. Should a reasonable doubt arise on the evidence or the absence of evidence, a sexual assault lawyer will have succeeded in properly defending his or her client. The client will be found not guilty.
→ Sentencing: If found guilty, a sentencing hearing determines the appropriate punishment, considering the severity of the crime and any aggravating mitigating factors.
The entire process can be lengthy and complex, requiring a skilled sexual assault lawyer to navigate the legal minefield effectively.
The Need for a Skilled Sexual Assault Lawyer
In Canada, there is no statute of limitations for sexual assault. This means an individual can be charged at any time, regardless of when the alleged offence occurred. This underscores the need for a robust legal defence and a skilled sexual assault lawyer.
It also goes without saying that sexual assault cases are complex, involving numerous legal issues. Key factors include whether the complainant communicated consent to the accused person, the accused’s belief in communicated consent (for example, an honest but mistaken belief in communicated consent), and the involvement of intoxicating substances or other factors on the complainant’s credibility and reliability as a witness. Additionally, the presence of prior or subsequent sexual acts and the ages of both the accused and the complainant may play significant roles depending on the circumstances of the case. A proficient sexual assault lawyer not only understands these nuances but also possesses the strategic acumen to handle them effectively in court.
Having an experienced sexual assault lawyer is crucial to navigating these cases successfully and achieving the best possible outcome. A skilled sexual assault lawyer employs robust defence strategies to dismantle the prosecution’s case and secure an acquittal. In some instances, they may negotiate favourable outcomes, such as a withdrawal of the charges or some other disposition that remains favourable to an accused person. Overall, their goal is to secure the best possible outcome for their client, ensuring a thorough and strategic defence at every stage.
Disclaimer
** The articles and content displayed within this website are for informational or marketing purposes only and may have been written by a third party. They should not be construed as legal advice. You will not be considered a client of the firm until we have agreed to act for you in accordance with our usual policies for accepting clients. No action with regards to your particular matter should be taken until you have first sought full legal or professional advice from a lawyer fully retained to act on your behalf.