Defences Available If You Are Facing Sexual Assault Charges
Sexual assault is a serious crime and determining the best options available before a trial will depend on the particular facts of the allegations.
Sexual assault is a serious crime and determining the best options available before a trial will depend on the particular facts of the allegations.
Facing any criminal charge can have a profound impact on your life. However, there is a tremendous stigma attached to allegations of sexual assault, even if the claims are later proven false.
Ensure that you choose effective legal representation. In the case of R v Sauverwald, 2020 ABCA 388, the Court considered whether or not the trial counsel’s assistance to the client was ineffective.
Upon appeal, the Ontario Court of Appeal instead ordered a new trial on the basis that the trial judge did not consider evidence of the complainant’s suggestibility (among other secondary issues).
The Alberta Court of Appeal began an overhaul of the W.(D.) analysis in Ryon to which Achuil followed and revised the second prong and to which SMC then confirmed the overall framework to now use.
Mr. Ryon was convicted at trial of sexual assault by a judge alone and sentenced to 30 months’ imprisonment. Mr. Ryon appealed his conviction.
Mr. Deng Majak Achuil was convicted at trial of sexual assault by a judge alone. Mr. Achuil appealed his conviction on June 13, 2019 and the Alberta Court of Appeal rendered judgment on August 9, 2019 dismissing the appeal.
SMC was convicted at trial of sexual assault, sexual interference, and invitation to sexual touching. SMC appealed his conviction on January 15, 2020 and the Alberta Court of Appeal rendered judgment on January 21, 2020 dismissing the appeal.
If you've been charged or even simply accused of sexual assault in Calgary, make no mistake: you're potentially facing some serious consequences. Not only could you possibly spend months or years in jail, but your life with your family could be forever altered, your career could be set back or ended, and your reputation can be permanently damaged.