Facing a sexual assault charge in Kitchener is not an easy process and can cause lasting consequences on one’s future endeavors especially if the defendant is innocent. In the following section we present five resources and strategies that can be adopted and employed to help battle against sexual assault allegations. Firstly, the best resource is a skilled criminal sexual assault defense lawyer.
By contacting a criminal lawyer as soon as possible, they can immediately protect your rights and expose inconsistencies in the alleged victim’s story. Moreover, a criminal defense lawyer will diligently prepare you for the testimony and to be able to protect yourself against the cross examination from the Crown attorney. Secondly, what are your available defense options that best associate to the sexual assault charge in Kitchener? By understanding your options, it will allow you to better defend against the allegations.
A list of possible defense strategies are as follows:
1) The wrong person was charged.
2) The sexual assault did not occur.
3) The victim consented to the sexual encounter.
4) The assailant is not criminally responsible due to mental illnesses.
Thirdly, refer to the Criminal Code of Canada resource to better understand where the sexual assault charge falls under and to identify possible criteria that reject the notion of the charge based on the context of the alleged sexual assault that previously occurred.
Important sections to refer to in the Criminal Code of Canada are as follows:
sexual interference (Section 151), invitation to sexual touching (Section 152), sexual exploitation (Section 153), sexual assault (Section 271) and finally, aggravated sexual assault (Section 273).
Fourthly, understanding the criteria to present DNA and forensic evidence by the Crown in a trial based on a sexual assault is a crucial resource to review. For instance, the defense council can challenge the validity of the forensic evidence based on relevance, prejudice and even based on an insufficient scientific framework used.
Despite forensic evidence passing as valid in trial a competent criminal sexual assault lawyer can still pull flaws out of the evidence such as arguing the evidence was gathered and tested with a motivated perception (i.e. inherent bias was present during the forensic tests, which led to manipulated forensic findings).
Another flaw with forensic evidence is the risk of false positive results. It would be useful to review the past error rate from the laboratory who conducted the forensic tests to evaluate their scientific credibility. Fifthly, completion of a preliminary inquiry is a useful resource to battle against a charge of sexual assault in Kitchener.
Upon a preliminary inquiry the defendant will be able to proceed in the Ontario Court of Justice and then move to a trial within the Superior Court of Justice.
The benefits in a preliminary inquiry follow that the defense council will be able to better prepare for the trial and have additional options available such as being able to cross-examine and evaluate the Crown’s key witnesses while concurrently testing the evidence.
Ultimately, by referring to the five aforementioned resources and various advice sections one can be assured they can properly defend against sexual assault charges in Kitchener.