Common Defences in Sexual Assault Cases
Sexual assault convictions can have severe consequences for your reputation, family life and career. Edmonton, like many other cities, takes a stern stance on sex crimes.
Despite the gravity of these charges, the assistance of a skilled sexual assault lawyer in Edmonton is crucial in navigating the legal process and mitigating the severe penalties associated with such offences.
In this blog post, we’ll discuss the common defences used in sexual assault cases and the role of the criminal justice system in addressing these crimes.
What Is Sexual Assault?
Sexual assault refers to any sexual contact or activity that happens without all parties agreeing to it. It includes non-consensual sexual actions like:
- Intercourse: Forcing sex on someone without their permission.
- Sexual Touching: Touching someone’s private parts without their consent.
- Coercion or Duress: Making someone do sexual things they don’t want to through pressure or manipulation.
What Are the Different Categories of Sexual Assault?
Whether an act is considered sexual or not depends on a number of circumstances. This includes where and how the person was touched, and the intention of the person doing the touching. When in doubt, a skilled sexual assault lawyer in Edmonton can clarify the difference for you.
The categories of sexual assault include:
Sexual Assault (General): The accused person carries out a sexual action that harms the sexual well-being of the person making the complaint. This can involve the traditional concept of rape and any unwelcome physical contact for a sexual reason, ranging from slight touching to full intercourse.
Sexual Interference: Often referred to as ‘statutory rape,’ sexual interference involves touching a person under the legal age of consent – 16 years old in Canada (with some important exceptions).
This offence is distinct from typical sexual assault because, due to their age, the victim cannot legally give consent, even if they want the sexual act to happen.
Sexual Exploitation: This form of sexual offence pertains to engaging in sexual activity with an individual over the age of consent but under 18 years old and occurs when someone in a position of trust or authority exploits their position for sexual purposes with the young person.
How Can a Sexual Assault Lawyer in Edmonton Defend You?
Hiring a sexual assault lawyer in Edmonton who is knowledgeable about sexual assault charges is non-negotiable if you want the best defence possible.
The common defences they’ll use to help your case include:
Consent: A frequently used argument asserting that the sexual activity in question was consensual, and the accused reasonably believed that the other person had willingly given their consent. In sexual assault cases, consent plays a crucial role.
Mistaken Identity: The defence might contend that the accused was mistakenly identified as the perpetrator and was not involved in the reported sexual assault.
Honest but Mistaken Belief: In certain instances, the defence may assert that the accused sincerely thought the complainant had consented, even if that belief was incorrect.
False Allegations: The defence might argue that the accuser falsely accused the defendant of sexual assault for various motives, including revenge, jealousy or personal gain.
Find a Sexual Assault Lawyer in Edmonton at RG Defence
Remember, the effectiveness of these defences depends on the unique facts and evidence of each case. A criminal defence lawyer works closely with you to determine the most appropriate defence strategy based on the circumstances of the case and the applicable laws.
That’s what you’ll find at RG Defence. Regardless of your innocence or guilt, our sexual assault lawyers in Edmonton advocate for your best interests in court and secure the most favourable outcome.
Call 587.982.8152 or complete our online form for a free consultation.
