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March 2018 Archives

The "I didn't do it" Defence to Sexual Assault

It can be devastating to be accused of sexual assault when you didn't do it, whether the allegation comes from an acquittance, a stranger or a family member. Although you are presumed innocent and the prosecutor must prove your guilt beyond a reasonable doubt, it is often best to approach the case from the perspective of proving your innocence. That means working with your lawyer to both discredit the allegations and demonstrate through witnesses and other evidence why you could not have committed the offence. A number of areas that may prove fruitful at trial include:

DEFENDING AGAINST A SEXUAL ASSAULT CHARGE

Being accused of sexual assault can seem like a nightmare. High profile individuals seem to be tried and convicted in the court of public opinion on an almost daily basis. However, if you are arrested and charged you will still have the benefits of all of the protections that our criminal justice system affords. You are presumed innocent in the eyes of the Court. The prosecutor must prove that you are guilty beyond a reasonable doubt. That can only be done after a full trial in which all witnesses called by the prosecutor are cross-examined and the defence has an opportunity to call any witnesses that it wants.

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March 2018 Archives | Ottawa Criminal Law Blog