If you have been accused of a sexual assault, please contact our lawyers at Mickelson & Whysall without delay. It is vital to instruct legal counsel before responding to the allegations.
When can police lay charges for sexual assault?
Sexual assault is broadly defined as any unwanted sexual activity. This can range from alleged intercourse to groping.
These cases revolve around the issue of credibility. Often it boils down to one question: whose version of events is credible and reliable?
Charges will only be laid in sexual assault cases (as with any other type of criminal offence), if Crown counsel decides that
- There is enough evidence to support a conviction
- It is in the public interest to pursue a prosecution
Is sexual assault a hybrid offence in Canada?
Sexual assault is a hybrid offence in Canada. This means that Crown counsel can decide whether to proceed either by summary or indictment. The decision largely depends on the seriousness of the allegations. Major sexual assault cases are likely to proceed by way of indictment.
How to defend a sexual assault charge
Being charged with a sexual assault is a frightening experience. It is a serious accusation and, the allegation itself, will have an adverse impact on your life going forward. It is therefore vital that you instruct a lawyer as soon as possible.
In fact, we strongly recommend speaking to us at Mickelson & Whysall as soon as the allegation is made. You put yourself in a much better position if you speak to a lawyer before responding to the complainant or police.
If you are arrested, we can direct you to the relevant evidence to collect and preserve. This ensures we are able to present your defence effectively. If your case goes to court, we will also prepare you to testify, helping you tell your side of the story.
In some sexual assault cases, DNA or cellphone evidence is important. The defence can use an expert to provide testimony to assist the defence. If this would be beneficial to your case, we will retain a qualified expert to assist us in putting forward a stronger defence.
Sexual Assault Lawyer Vancouver
If you have been accused of a sexual assault, you need to tell your side of the story. Contact us at Mickelson & Whysall for early legal advice. We can explain how to effectively respond to the allegations against you.