If you have been charged with a sexual assault, it is essential to obtain legal representation as soon as possible. This will help you build a strong defence to the charges and ensure that the prosecution does not treat you unfairly in Court.
Defending Sexual Assault
A skilled Calgary criminal lawyer will be able to challenge the evidence Bitzer Criminal Law – Calgary, Alberta and prove your innocence. This is important because sexual offences can be very serious. Convictions can result in significant penalties, including jail time and a criminal record.
The consequences of a sexual assault conviction can be long-lasting and can damage your reputation and career. The penalties you face will depend on the severity of the offence, as well as the aggravating factors.
In addition to the penalties you may receive if convicted, you will be subject to registration on the national sex offender information register (SOIRA) and DNA databases. This can cause problems in the future if you decide to apply for employment or housing.
Cross-Examination of Complainants
Testimony from complainants is a critical component of sexual offence prosecutions. A good lawyer can effectively cross-examine complainants to discover if they are telling the truth about the events that led up to your arrest and to discredit their claims of guilt.
Honest but Mistaken Belief in Communicated Consent
Where the accused is less than five years older than the complainant, they will be able to claim a defence of honest but mistaken belief that the complainant consented to the sexual activity. In order for this defence to be raised it is crucial that the accused took reasonable steps to ensure that the complainant was consenting to the sexual act.
This is a difficult situation to deal with and one where it is critical to retain an experienced and knowledgeable criminal lawyer who can provide the necessary guidance.
As with any case, there are many variables involved and the Crown must prove every element of the offence beyond a reasonable doubt. Fortunately, these elements are subject to a number of statutory defences that can help you achieve a positive outcome in your case.
Identity: Often there will be issues relating to the police’s identification of the defendant as the person responsible for the sexual offence. In some cases, this could be due to an error on the part of the police or a misidentification by the complainant. In these situations, it is crucial that the accused contact a skilled and knowledgeable Calgary criminal lawyer as soon as possible in order to begin building a solid defence to the charges.
A skilled Calgary criminal lawyer will be able not only to defend your rights, but also to protect your reputation and prevent any long-term negative consequences from occurring as a result of the wrongful conviction. They can also provide a strong advocate in Court to assist with any judicial hearings that may be required.
Bitzer Criminal Law
160 Quarry Park Blvd SE #300