A good criminal defence lawyer will work diligently for you through the many pieces of evidence that may be part of a sexual assault case. In Canada, evidence in sexual assault cases can include witness testimony, forensic evidence, photographic evidence, and expert evidence. Some of the forensic evidence your lawyer may need to work through may include the seizure and analysis of items containing DNA that may be used to prove the identity of the accused and other matters. The purpose of physical evidence will depend upon the issues at trial. As well your lawyer will look at whether any of the evidence was obtained in a manner that offends your rights under the Canadian Charter of Rights and Freedoms.
Evidence in a criminal case can differ from that in a civil case. In criminal proceedings, Canada’s “rape shield” law blocks evidence of the victim’s prior sexual history. A special application must be made to the court if such evidence is sought and the judge must consider specific factors set out in the Criminal Code to allow or disallow such evidence.
In most sexual assault or childhood sexual abuse trials, the evidence presented largely consists of witness testimony. This generally includes the complainant and any other potential participants or witnesses. The accused is at all stage of the proceedings presumed innocent and is not required to take the stand or give evidence.
If you are accused of sexual assault in Calgary
How you handle yourself and your interaction with police at the initial stages of a sexual assault investigation may largely affect your case down the road. Speaking to authorities may have unseen and unanticipated consequences. Do not do anything before seeking the advice of an experienced criminal lawyer. A good lawyer will offer skilled advice on how best to proceed and how to best protect yourself and your reputation throughout this process.
An experienced Calgary criminal defence lawyer will approach your case with compassion and understanding. All communications with your lawyer are held in strictest confidence. Your lawyer will assist you in achieving the best possible outcome with your case.
It is important that you find a Calgary criminal defence lawyer that you trust. An experienced, dedicated defence lawyer will be able to fight on your behalf while making the process as easy and stress-free as possible.
For a free initial consultation with an experienced Calgary sexual assault defence lawyer, please contact Maureen.