Sexual Assault Charges in Brampton What Are the Best Defences

Sexual Assault Charges in Brampton: What Are the Best Defences?

Are you looking for a lawyer in Brampton, Ontario, who specializes in defending clients against sexual offences? In Canada, sexual assault crimes are taken very seriously, and the police are extremely reluctant to make plea deals.

A guilty verdict can result in severe consequences, including long prison sentences. For example, if the victim is over 16, the sentence can go up to 10 years. And if the victim is younger than 16, prison terms can range up to 14 years.

Other consequences include separation from your family, loss of employment, mandatory supervision upon release, and registration as a sex offender. Even a false accusation can leave a stigma that lingers for the rest of your life.

So, if you are facing sexual assault charges, you need to find an experienced assault lawyer in Brampton as quickly as possible to formulate a legal defence.

Best Defences to Sexual Assault Charges

No Sexual Activity Occurred

No Sexual Activity Occurred

The Insanity/Mental Incapacity Defence

No Sexual Activity Occurred One of the most basic defences to a sexual assault charge is to argue that the accused was not involved in any of the activities of which they have been accused. Under Canadian law, there is no onus on the defence to present any evidence at a criminal trial. Rather, the Crown needs to provide evidence to prove beyond a reasonable doubt that the defendant committed the crime(s) of which they are accused.

In addition, the following factors can also prove the defendant’s innocence: ● If an alibi proves the defendant was somewhere else at the time of the alleged assault ● DNA evidence ● A misidentification of the defendant by a witness

Consent as a Defence The second defence is consent. In sexual assault charges, the primary source of evidence is the testimony of the complainant. If undisputed sexual activity occurred between the complainant and the defendant but the latter maintains that it was consensual, the defence of consent may be utilized. This can create a ‘he said/she said’ scenario.

To be believed, the defendant must convince the court that their version of events is true and that there was affirmative consent from the complainant to the sexual acts. Or the defendant must convince the court that the accused had a mistaken belief in consent

The Insanity/Mental Incapacity Defence As per Section 16 of the Criminal Code of Canada, "[no] person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong."

Here, the defence must present confirmatory evidence to the court to prove that the accused was truly suffering from a mental disorder at the time they committed the act. The defence of mental incapacity is difficult to prove so is rarely used.

THANK YOU Contact us : 201 County Court Blvd. Suite 602, Brampton ON, L6W 4L2 Call us : 647-823-6767