Facing a sexual assault charge or any other sexual offence charge in Alberta is one of the most serious experiences a person can face. The charges carry significant stigma, and a conviction can result in a substantial period of imprisonment, registration on the National Sex Offender Registry, immigration consequences, and lasting damage to employment, family relationships, and reputation. Successfully defending against a sexual assault charge requires acting promptly and retaining an experienced sexual assault lawyer who can guide you through the process from the earliest stage.
Davidson Gregory has decades of experience defending sexual offence cases across Alberta, British Columbia, the Northwest Territories, and Saskatchewan. If you have been charged with sexual assault or any other sexual offence, call our firm at 780-482-5496 or contact us.
What Sexual Assault Charges Look Like in Alberta
Sexual assault is one of several offences under the Criminal Code that fall within the broader category of sexual offences. The Crown can charge sexual assault, sexual assault with a weapon, aggravated sexual assault, sexual interference (where the complainant is under 16), invitation to sexual touching, sexual exploitation, and a range of other related offences. Each carries its own legal framework, defences, and penalties.
Sexual offences in Alberta can be prosecuted in either the Alberta Court of Justice or the Court of King’s Bench, and the path a particular case takes depends on the alleged conduct. Some sexual offences are straight indictable and proceed accordingly. Others are hybrid, meaning the Crown elects whether to proceed summarily or by indictment, and that election shapes the available procedural options. For any indictable matter, the accused has three options: trial in the Alberta Court of Justice before a judge alone, trial in the Court of King’s Bench before a judge alone, or trial in the Court of King’s Bench before a judge and jury. Jury trials can only proceed in the Court of King’s Bench. The election is a strategic decision that should be made with experienced defence counsel based on the specific charge, the disclosure, and the broader case strategy. The criminal process typically begins with police investigation and arrest, followed by a bail hearing, the laying of charges, the receipt of disclosure, pre-trial applications, and ultimately trial. The full process can generally take 12 to 24 months from charge to trial.
Why Acting Early Matters
The decisions made in the early days after a sexual assault charge can affect the rest of the case. A police investigation often begins before the accused even knows they are being investigated. Police may want to ask questions, request a voluntary statement, or seize devices and records. Once charges are laid, bail conditions are imposed and the accused may face restrictions on contact with certain people, travel, residence, and other aspects of daily life. Pre-trial decisions about disclosure, applications, and trial strategy begin shaping the case from the moment counsel is retained.
Retaining an experienced sexual assault defence lawyer early gives the accused the best opportunity to navigate these decisions. An experienced lawyer can advise on whether to provide a statement, how to respond to police contact, what to do about devices and records, and how to manage bail conditions and the conditions of release. The earlier the lawyer is involved, the more options remain available.
What Information Your Sexual Assault Lawyer Needs to Know
When you meet with a sexual assault defence lawyer, the conversation is protected by solicitor-client privilege. That privilege exists so the accused can speak frankly with counsel about the circumstances of the case, the relationship with the complainant, and any context relevant to the allegation. Defence counsel uses that information to identify the strongest available defence, anticipate the Crown’s case, and prepare for trial.
Several categories of information are typically relevant to a sexual assault file. Below is a general description of the kinds of context defence counsel works with. This is not a checklist of what to prepare in advance, and the accused should not draft written summaries of any part of the case before speaking with an sexual assault lawyer. Anything written down outside privileged communications can become disclosed evidence and can lock the accused into a version of events before counsel has had any opportunity to review the file. The right approach is to call a sexual assault defence lawyer first and discuss everything with the lawyer in a privileged conversation.
Relationship between the accused and the complainant
Sexual assault prosecutions almost always turn on the relationship between the accused and the complainant. Defence counsel will need to understand how the parties knew each other, the nature and history of any prior relationship, and the circumstances surrounding the alleged event. The legal significance of that history depends on the specific facts and is something a criminal lawyer works through with the accused under privilege.
Communications between the parties
Text messages, social media messages, voicemails, emails, and other communications between the accused and the complainant can be highly relevant to a sexual assault file. Communications before and after the alleged event can bear on a range of issues including consent, credibility, and motive. An experienced defence lawyer will discuss the existence of any such communications and how they fit into the case strategy. Decisions about preservation of communications, whether to produce them to the Crown, and whether they may be subject to disclosure are case-specific and should not be made without legal advice.
Other potential witnesses
People who may have been present at the time of the alleged event, who knew both parties, or who can speak to the relationship between the accused and the complainant may be relevant. The use of any such witnesses depends on what they actually know, the legal rules of evidence governing their testimony, and trial strategy. A criminal defence lawyer will assess these issues based on the specific facts of the file.
Context of the relationship and any related proceedings
Family law proceedings, custody disputes, and other ongoing legal matters between the accused and the complainant can sometimes provide important context for a sexual assault allegation. So can the broader history of the relationship. A sexual assault defence lawyer will ask about these matters under privilege so that the lawyer can assess their relevance to the specific case and the available defences.
What to Do Now
If you have been charged with sexual assault or any other sexual offence in Alberta, the most important step you can take is to contact an experienced sexual assault defence lawyer as soon as possible. The lawyer can advise you on how to handle police contact, how to manage bail conditions, what to expect from the disclosure process, and how to prepare for the proceedings ahead.
Until you have spoken with a lawyer, do not provide a statement to police, do not contact the complainant directly or through third parties, and do not write down or share your account of events with anyone. These early decisions can shape the rest of the case.
Why Choose Davidson Gregory for Your Defence
Successfully defending against a sexual assault charge requires a committed and determined sexual assault lawyer. The criminal defence lawyers at Davidson Gregory have decades of experience defending sexual assault and other sexual offence cases across Alberta. Our firm focuses exclusively on criminal defence and we approach every sexual offence file with the trial preparation and strategic depth that these serious cases require.
The lawyers at Davidson Gregory have defended sexual assault cases across the province of Alberta, including in Fort McMurray, Lethbridge, Grande Prairie, Edmonton, Calgary, Red Deer, Lloydminster, and St. Albert. The firm has also defended sexual assault cases in British Columbia and Saskatchewan.
Contact Davidson Gregory
If you have been charged with sexual assault or any other sexual offence in Alberta, do not delay. The decisions made in the early days after a charge can shape the rest of the case. Davidson Gregory has decades of experience defending sexual offence cases across Alberta. Contact the experienced sexual assault lawyers at Davidson Gregory by calling 780-482-5496 or by visiting our contact page.
This article is general legal information only. It is not legal advice. Reading this article does not create a lawyer-client relationship with Davidson Gregory.