21 Nov What Are My Rights If I’m Being Investigated for Sexual Assault?
Being under investigation for a serious crime like sexual assault can be a stressful experience. If you find yourself in this situation, it is essential that you understand your rights, what steps to take and whom to consult. This knowledge can help protect you from self-incrimination and give you the best possible chance of a positive outcome.
The Right to Remain Silent
It is standard procedure for the police to contact a suspect during the course of an investigation. You do not need to speak with them. You have no obligation under the law to do so, and the law says that your silence will not be used against you. You must reserve the right to remain silent. This right protects you from making statements that will be used as evidence against you later.
Exercising your right to silence is not an admission of guilt or an indication that you are hiding information. It demonstrates wisdom and allows the time to ensure that your speech reflects your intended thoughts. While you exercise this right, it is an excellent time to seek legal representation.
The Right to Legal Counsel
Once aware that you are the subject of an investigation, you should contact a sexual assault lawyer immediately. The police should never deny your request to speak to a lawyer, as it is a fundamental right. Law enforcement officers are known for using creative investigative tactics that may leave you rattled and confused.
Police have an obligation to immediately provide you with access to counsel upon detention or arrest. You must exercise that right when given an opportunity. Provided you do, the police must hold off from questioning you or eliciting evidence until you have exercised your right to counsel.
A properly qualified lawyer will give you the following advice: Providing a statement to the police is all risk and no benefit. Exercising your right to silence is likely the best and only way of protecting yourself in these circumstances.
The Right to Be Presumed Innocent
The Canadian Charter of Rights and Freedoms dictates that everyone has the right to the presumption of innocence and to be treated fairly in all legal processes.
It is the responsibility of law enforcement to disprove your innocence. However, during the investigation, the police must follow proper procedures and act ethically. They are prohibited from using tactics meant to force you to give a statement or to coerce a confession.
If you feel pressured or unfairly treated, discuss this with your lawyer, so they can help ensure a fair process.
The Right to Privacy
Another right you maintain during any criminal investigation is the right to be free from unreasonable search or seizure, which touches on the privacy rights of citizens.
The police must stay within the boundaries of the law while working to gather evidence to help build their case. This includes having the necessary warrants before they can lawfully search or seize your property. Your right to privacy also protects your medical records from being accessed without a court order, and invasive investigative methods, like strip searches, are heavily restricted. Additionally, the law prohibits the police from disclosing information about suspect unless necessary for public safety or required by the legal process.
Are You Facing a Sexual Assault Investigation?
Knowing that you have several legal rights to protect you as you navigate this process can be comforting. For a better understanding of your legal rights and next steps, you should speak with a Calgary sexual assault lawyer as soon as possible.
Consulting a lawyer early on allows them to begin formulating a defence strategy by gathering evidence, identifying potential witnesses, and analyzing the circumstances surrounding the investigation to strengthen your case.
If you are under investigation in Calgary and need legal representation contact us today to discuss how Jason Wuttunee, experienced barrister and solicitor, can help with your case.
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