Immediate Action Following a Sexual Assault
Although sexual assault is an underreported crime, false accusations do occur. Being falsely accused of sexual assault can be an extremely distressing experience, that can disrupt one’s life and reputation. Canadian courts take sexual assault cases very seriously, making it important to take immediate action upon learning of a false charge. Even unfounded allegations can result in serious charges against you, indicating the need to take action, rather than hoping the matter will resolve itself.
Upon learning of a charge against you, the accuser should not be contacted. This will only escalate the situation, and may result in this encounter being used against you.
The Do’s and Don’ts of Responding to False Accusations
Do
1. Preserve Evidence
If you are charged with sexual assault, it is essential that you immediately gather as much detail as you can about the allegations. You should begin by writing down your own recollection of events, including the date, time and any other information you can gather in relation to your encounters with the complainant. Note down the clothes you were wearing, what you were doing at the relevant time, how much you had to drink, and anything else you can remember.
The preservation of your evidence can be crucial to maintaining your innocence, and can lead to the charges against you being dismissed or withdrawn.
2. Contact a Criminal Defence Lawyer immediately
It is best to contact a criminal defence lawyer as soon as you have been charged with sexual assault.
At trial, your ability to establish your innocence can rest largely, if not almost entirely, on your word against the word of the complainant. In such a situation it is more important than ever that you have a criminal defence lawyer representing you. Through skilled cross-examination, your defence lawyer can poke holes in the complainant’s allegations, thereby weakening, if not destroying, the case against you. A defence lawyer can also help you properly enter evidence that can show that the alleged offence was improbable or impossible, and that the complainant’s allegations are too inconsistent or incompatible with reality to be true.
Do Not
1. Confront the Accuser or try to defend yourself
Though it is a natural reaction to want to explain your version of the events to the accuser or want to understand why the allegations were made, it is important not to confront or communicate at all with the accuser. It is also important to regulate your emotions throughout the process, and not engage in angry outbursts. This is because both of these situations may be used against you later in the court process.
2. Post on social media any reference to the case
It is best to refrain from posting anything related to your case on social media. Your online footprint on digital platforms is rarely positive in combatting sexual assault allegations. A judge or jury may look unfavorably on an accused person who is posting information about their sexual assault case on social media, especially when the accused is making disparaging remarks about the complainant. It is usually best to stay silent online, and allow your lawyer to advocate for your innocence.
3. Ignore the charges because they are false
Due to the serious and long reaching implications of sexual assault charges on your life and reputation, it is vital to act proactively in order to protect yourself.
Unfortunately, many people mistakenly believe that if there is no direct evidence against them that they cannot be convicted of sexual assault, so there is no reason to be worried about the charges. This is simply not true, particularly in cases where there is very little to no objective evidence of the assault. For example, in alleged cases of unwanted touching, or when it is being alleged the assault happened a long time ago. Notwithstanding the fact that there is no evidence aside from the complainant’s allegations, the police and the Crown Prosecutor will still treat the allegation very seriously and will likely seek your conviction if the matter goes to trial.
Seeking Legal Representation and Building a Strong Defense
What to Expect from the Legal Process?
The criminal process for sexual assault charges is similar to the process that accused individuals face for other charges. In the early stages of the prosecution, you will make your first appearance in court and receive your disclosure. Your case will then move into the pre-trial stage, where your lawyer will negotiate resolution with the Crown, and bring any applications that they deem necessary. If you are unable to resolve your charges at the pre-trial stage, you will proceed to trial.
However, there are some unique differences about sexual assault prosecutions that are important to note. From a disclosure perspective, the materials provided to you are often restricted due to an increased recognition of complainants’ privacy and dignity rights. For example, disclosure in sexual assault trials will typically not include:
- Prior police reports involving the complainant;
- The complainant’s therapy or counseling records;
- Personal journal or diary entries;
- Medical and psychiatric records which are not sexual assault evidence kits, and even;
- Text message or email communications.
Additionally, “rape shield” provisions generally prohibit the use of evidence of the complainant’s prior sexual history during a trial. However, the defence can apply to introduce instances of sexual history details if they relate to an issue at trial. These applications are complex, controversial, and necessitate the involvement of an experienced criminal defence lawyer to be done correctly.
Preserving Evidence and Supporting Your Case
If you are charged with sexual assault, you should immediately turn your mind to preserving any and all evidence relating to the allegations. You should begin by writing down every recollection you have about the date in question, and try to locate evidence which supports your recollection of those events. For example, if you were not in the location that your accuser says you were at a certain time, try to locate evidence of your location at that time.
Preserving evidence can be essential to maintaining your credibility when you are questioned about your interactions with the accuser. Even if you have been falsely accused of sexual assault, it is crucial to maintain your credibility. There are many sexual assault cases where there is very little to no objective evidence of the assault, and the credibility of your recollection becomes your best defense.
Protecting Your Reputation and Mental Health
Understanding Defamation Lawsuits and Your Options
If you have been falsely accused of sexual assault, it is possible for you to initiate a defamation lawsuit against your accusers. Accusations of sexual assault are defamatory by nature, as they hurt the reputation of the accused whether or not they are true. However, you can only recover damages for defamation arising from false sexual assault accusations if:
- The accuser made false statements about you;
- They knew or should have known the statements were false;
- They made these statements with deliberate intent to cause harm; and
- You suffered actual damages as a result of the accusations.
If you are considering bringing a defamation lawsuit against your accusers, it is essential that you seek the representation of a lawyer who has experience bringing defamation claims against false accusers. These lawyers will have an intimate understanding of the law pertaining to defamation, and will give you the best chance at achieving justice against your accusers.
Preparing for Public Reaction and Media Attention
The recent trial in London involving players from Canada’s 2018 World Junior Hockey Team shows that sexual assault allegations can lead to significant public reaction and media attention. As sexual assault trials often hinge on the credibility of the complainant and the accused, the public and media are often quick to comment and pass judgment on any person accused of sexual assault.
If you have been accused of sexual assault, you should be aware of the potential for your case to receive public attention. Hiring a defence lawyer with experience in the defence of sexual assault allegations can be an important first step in shielding yourself from this public reaction. An experienced lawyer can help take the pressure from the public and media away from you, so that you can focus on living your life.
