Learn How to Beat Sexual Assault Charges with the Best Defence

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Sexual Assault Charges in Brampton What Are the
Best Defences?
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 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.
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Best Defences to Sexual Assault Charges
No Sexual Activity Occurred
No Sexual Activity Occurred
The Insanity/Mental Incapacity Defence
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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 defendants
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
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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
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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.
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