Legal Services | Sexual Assault
Sexual Assault Defence Lawyers
Edmonton Sex Crime Defence Lawyers
A sex crime charge is one of the most difficult charges a defendant can face because of the monstrous social stigma that’s attached. Even if you are never convicted, the damage done to your reputation, career, and family can be irrevocable.
Davidson Gregory takes the time to get to know you and the details of your case on a personal level. They have the ability to assess the credibility of the alleged victim, determine how to best present your side, demonstrate your credibility to the court, and cross-examine the complainant to challenge his or her credibility.
Sex crimes are a highly serious matter. It is critical you retain an Edmonton sexual assault lawyer who will vigorously defend your case. If you are a suspect in a sex crime, and the police want to speak to you, contact Davidson Gregory for criminal defence representation now.
We can help individuals from anywhere in Western Canada and the Northwest Territories. If you’re unable to reach our Edmonton offices for a consultation, we are able to discuss your matter at your convenience via telephone or the online video platform of your choice (Zoom, Microsoft Teams, etc). Where appropriate, we can also arrange travel to you. Our aim is to ensure that you can access legal advice as easily as possible.
The Need for Legal Protection When Accused of a Sex Crime
To best defend a sexual assault or sex crime case, you need a knowledgeable and experienced sexual assault lawyer who is committed to standing by your side. Davidson Gregory has a dedicated team of experienced Edmonton criminal defence lawyers who maintain an attention to detail to ensure you are properly represented.
Understanding your rights and the nuances of criminal law on your own are nearly impossible. Davidson Gregory will focus on a legal strategy to properly defend you on these most serious crimes including sexual assault.
Building a Strong Case Against Sexual Assault Charges
In order to properly defend a client in a sexual assault case, Davidson Gregory may be required to apply for the disclosure of third-party records. This is a very complex and difficult application, but Davidson Gregory has the experience needed to advance positions dealing with the complainant’s prior sexual history or in obtaining medical and psychiatric records. Davidson Gregory may also determine that expert evidence including psychologists, private investigators, and polygraph experts are required.
Defending Sexual Assault Charges
It is critical to mount a thorough and complete defence to sexual assault charges. The most common defences are as follows:
- Identity. The complainant must be able to identify the accused as the person who committed the assault. Sometimes forensic tools (e.g., DNA, fingerprints) are employed to verify identity.
- Sex did not occur. When the accused denies the act occurred, credibility stands as the most important issue between the accused and the complainant.
- There was voluntary consent. The courts will find that consent is not available from the complainant in some situations, such as being too intoxicated to consent, not having the mental capacity to consent, revoking consent during the activity, or being a minor under age 16. In other words, the defence may argue there was sexual activity, but it was consensual between the parties.
- Mistaken belief in consent. An honest error may be claimed based on the complainant’s communication of consent, either through words or actions. However, the accused cannot rely on being intoxicated, willfully blind or reckless, or not taking reasonable steps to ascertain if the complainant was consenting.
Frequently Asked Questions about Sexual Assault Defence Cases
A sexual assault occurs where a complainant is subject to non-consensual sexual activity by the application of force of another person.
Sexual assault activities can range from groping to non-consensual sexual intercourse. Sexual assault may also be charged as offences such as sexual assault with a weapon, sexual assault causing bodily harm, aggravated sexual assault, sexual interference, invitation to sexual touching, sexual exploitation, and forcible confinement, among others.
To determine if an assault was sexual in nature, the court will examine the following factors:
- What were the circumstances surrounding the incident?
- What words or gestures accompanied the act?
- Which part of the body was touched?
- What was the nature of the touching?
When sexual assault allegations are historical, they can be very difficult to defend against. It is not unusual for sexual assault allegations to be made many years after an alleged incident, particularly when the incident involves a child. Rod Gregory has the skill and experience to overcome challenges in defending historical sexual assault charges.
Many sexual assault trials are conducted with a jury. A jury does not rule on the admissibility of evidence, rather they are the finders of fact. They watch and assess witnesses to determine whether or not they are credible. It is the defence lawyer’s duty to cross-examines witnesses in front of the jury to expose frailties and inconsistencies in the evidence.
It is critical in a jury trial to prepare to give evidence if an accused person decides to testify.
The decision on whether to have a trial by jury is agreed upon by you and your lawyer. It is critical right the criminal justice system for serious charges to have a criminal trial heard and judged by your peers.