Have you been falsely accused of sexual assault in Toronto? Do not rely on your innocence to save you; there are numerous pitfalls in defending yourself to the police and the courts. Hire a Toronto sexual assault lawyer to help you navigate the court system and deal with the prosecution and the police.
Motives for False Accusations of Sexual Assault
Being accused of sexual assault can be extremely upsetting. Understanding the reasons why people make false accusations can be helpful for your state of mind and can help you appreciate the approaches a Toronto sexual assault lawyer might take to defend you. Here are the most common reasons for false accusations of sexual assault:
The Activity Is Being Misrepresented as An Assault
The person making the allegation may have initially consented and then changed their mind, or they may have had regrets after the sexual activity took place. In either case, your Toronto sexual assault lawyer may choose to argue that the sexual activity was consensual.
You Have Been Mistaken for Someone Else
If you and the person making the allegation do not know each other, they might mistakenly identify you as the person who committed the assault when, in fact, it was someone else.
The Allegations are Malicious
There are numerous possible reasons for a malicious accusation, including revenge, blackmail for financial gain, and getting an advantage in another legal matter, such as a child custody conflict.
Whether it is a deliberate attempt to harm you or a simple misunderstanding, it is painful to think about someone trying to damage you in such a profound and impactful way. However, it does happen. Facing it directly with your Toronto sexual assault lawyer will help you prepare for the next steps in the process.
What to Do If You Are Arrested for Sexual Assault
Sexual assault is one of a handful of crimes that can damage your reputation even if you are found not guilty or the victim recants. Like a stigma, the label will stick with you for decades. You must mount a vigorous, expert defence against this accusation.
Your defence should begin with hiring a qualified Toronto sexual assault lawyer who has extensive experience with the Toronto criminal justice system. Do this as soon as you receive notice that you will be charged.
Never talk to the police unless your lawyer advises you to. Do not volunteer information other than absolute basics, such as your name and address. Do not authorize a search of your home, office, vehicle, or electronics.
How You Can Assist in Your Own Defence
The more information you can assemble about the incident(s) in question, the better. Help your Toronto sexual assault lawyer build the best defence possible for you by doing the following:
- Follow your lawyerโs instructions carefully, double-checking anything that is not clear.
- Do not meet with anyone related to the case unless your Toronto sexual assault lawyer approves it.
- Write down everything you can remember about the time(s) of the alleged assault(s). Any detail you can recall could be helpful.
- Collect records of any communications you had with the victim and other people who may have seen you at the time(s) of the alleged assault(s), including text messages, emails, social media posts, and phone calls, even if they seem irrelevant at first.
How a Toronto Sexual Assault Lawyer Can Defend You
Every sexual assault case is different, and your lawyer will customize their approach to the specifics of your case and the evidence that has been assembled against you. However, you can expect your defence to be thorough and robust. Here are the steps your Toronto sexual assault lawyer will take:
Examining the Evidence
Your lawyer will go through all of the evidence that the police and the crown have collected. They will look for:
- Inconsistencies and credibility issues in the victim and witness statements
- Evidence that conflicts with other evidence or with statements given to the police
- Evidence that is damaged or inconclusive or that points to another perpetrator
- Details of the medical records that could show your lack of culpability
- Legal and procedural issues, such as an illegal search of your electronic devices
Assembling Additional Evidence
The Toronto sexual assault lawyer working on your case may attempt to get additional evidence to defend you, such as surveillance footage, detailed phone records, social media activity, additional witness statements, character witnesses, and digital forensics, to name just a few.
Protecting your Rights
In Canada, you have a right to consult with a lawyer if you are arrested and a right to be free from illegal search and seizure. Any Toronto sexual assault lawyer you hire will closely examine the details of your arrest and the search of your property to ensure that those rights are protected. Any violation of these rights could result in the charges against you being dismissed or the evidence being excluded.
Negotiating with The Crown Attorney
You probably already know that most cases do not proceed to trial. It is very common for lawyers to hash out an agreement with the crown that either dismisses or reduces the charges against you or reduces the potential punishment. Depending on the circumstances and the evidence, your lawyer may recommend that you plead guilty to the charges. You are, of course, free to reject your lawyerโs recommendations. A trial would typically follow.
Building Your Defence
Using all the evidence they have assembled; your Toronto sexual assault lawyer will prepare your case for trial. They will vigorously argue your case in court to obtain the best outcome possible for you.
Zamani Law โ A Toronto Sexual Assault Lawyer Can Help
Being accused of a crime, especially one as serious as sexual assault, can be very disorienting. That is why calling a Toronto sexual assault lawyer immediately is critical; while you are trying to understand what is happening to you, your lawyer will already be developing your defence and will also be working to keep you calm and focused.
If you have been falsely accused of sexual assault, contact the team at Zamani Law. We have the expertise, experience, and resources to defend you against any criminal offence, including sexual assault. Always remember the first rule of getting arrested: donโt talk to the police before you talk to a lawyer. Make that lawyer Zamani Law, the criminal lawyer in Brampton who will defend you to the end!
Contact us today for a free consultation.
