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Sex Assault Charges in Ottawa – How Lawyers Can Help your Defence

Facing sexual assault charges is petrifying. It is without a doubt that this is one of the more serious charges of the Criminal Code of Canada. If you are reading this, then it is likely that you or someone you care about, are only charged with this criminal offence and not convicted. This is an important distinction that should be appreciated. Anyone charged with an offence is innocent until proven guilty. So what does this mean? It means that you have some work to do. One of those tasks involves retaining a criminal defence lawyer, who will work with you to build your defence.

Why Hire a Lawyer?

The allegation of sexual assault has many defences available. Lawyers are trained persons who understand these defences and how they apply to different cases. They have relied on sexual assault defences to afford accused persons fair legal representation. When one is charged with a criminal offence, and a serious one no less, their legal rights are triggered in the criminal justice system. These include your Charter of Rights and Freedoms, among other criminal process and procedural rights. The role of your lawyer is to safeguard your Charter rights at all costs. For example, if you hire a lawyer, he or she will then closely inspect the detailed facts surrounding your arrest, interactions with the police, and how your case has moved through the criminal justice system as a whole. The goal is to determine whether you were treated in accordance with your Charter rights. Any departure from this will be challenged in the court.

A lawyer will exhaust a number of ways to defend your case. For instance, your lawyer will request any additional disclosure relevant to your case such as 911 audio and all videotapes related to your arrest, if applicable, including officer body cams. We will determine if social media evidence such as Facebook or text messaging might assist you. A lawyer knows what type of evidence is relevant to a particular case and will zealously seek to obtain them from the prosecution’s office as soon as he or she is retained.

Possible Defences

As mentioned before, sexual assault has its defences in the Criminal Code and in Canadian case law. It is the role of the lawyer to advance the appropriate one(s) in your case. It is critical that you provide your lawyer with the entire factual basis of your case. As you might already be aware, any information shared with your lawyer is protected under lawyer-client confidentiality. It is not helpful to your case if your lawyer learns of an important fact in your case through the prosecution’s office. This can set your case back a hundred steps. Remember, lawyers are your allies. When lawyers are armed with the full knowledge of what took place in your case, they are in a better position to fight for you. Such information will also impact the type of defence the lawyer relies on. For that and an abundant of other reasons, it is imperative that you write down the details of your case and relay all that information to your chosen lawyer.

The facts of your case will dictate the type of defence that best serves your case.

Some of these defences can include but is not limited to consent, accident, honest but mistaken belief, alibi, or failure to prove essential elements. It is our job to challenge the prosecution’s case against you. We do this together. We stand by your side and keep you informed of the significant steps taken in your case. We ensure that you feel confident in making informed decisions in your matter.

At Aitken Robertson, you can expect diligent advocacy on your behalf. We focus in criminal defence work. It is what we do, day in and day out. We are in a position to help you with your case. All you need to do is call us to get your 30-minute free consultation to better understand how we, at Aitken Robertson, can help you fight your charges.

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