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Facing accusations of sexual assault from multiple complainants can feel overwhelming. There is a real danger that jurors may leap to conclusions based on the mere fact that more than one person is making the same kind of allegation. Where there is smoke there is...
If you have been charged with sexual assault or sexual interference, one of the potential defences is that the activity in question was not sexual in nature. The defence operates slightly differently depending on which charge you are facing. 15. Section 153(1)(a)...
In many sexual assault trials, an accused person will have a copy of text messages or emails from the person making the allegations (known in the criminal justice system as the "complainant"). Sometimes those communications might be about the offences themselves. ...
Two people meet online and agree to hook up. Before they have sex, the woman insists that she will only do so if a condom is used. The man agrees. Sexual intercourse is performed on two occasions with a condom. But on a third time, the man reaches over as as if...
On June 3, 2020, the Ontario Court of Appeal released a long-awaited judgment on the issue of the constitutionality of s.33.1 of the Criminal Code. If you listened to the media and some social media accounts, you would likely be thinking that this decision has...
Il y a toujours un gros éléphant rose dans la salle d'audience lors d'un procès pour agression sexuelle. POURQUOI une plaignante inventerait-elle cet horrible mensonge. POURQUOI irait-elle voir la police pour se plaindre et POURQUOI subirait-elle un procès où elle...
There is always a big pink elephant in the courtroom at a sexual assault trial. Why would a complainant make up this horrendous lie, go to the police complain and then put herself through a trial where she will be cross-examined? Does the defence have to demonstrate...
In a case called Goldfinch, the Supreme Court of Canada considered whether the trial judge should have admitted evidence that Mr. Goldfinch and the complainant in a sexual assault case were in a "friends with benefits" relationship. At trial, the evidence was admitted...
After you have been arrested you will receive a date to appear in court. The first thing that will happen is that you will receive a copy of the "disclosure". This is all of the evidence that the police have gathered against you. Once you have reviewed all of the...
If you have been charged with Invitation to Sexual Touching pursuant to s. 152 of the Criminal Code you may be wondering what exactly this allegation involves. The section states that every person who, for a sexual purpose, invites, counsels or incites a person under...
