No matter where you live, most countries follow strict laws regarding sexual assault cases. If you live in Canada, you must be more careful. Such allegations can stigmatize your image, ruining your entire life. Hence, you must be aware of the charges an accused can face and the prosecution process to protect yourself from such unwanted circumstances. Generally, a person can fight his case in these trials. However, hiring a lawyer is always a wise decision. They can answer questions and defend you effectively in court. Here’s a quick sneak peek into how the legal process works.
Overview of sexual assault charges
You can face criminal charges in Brampton if you engage in sexual activity against the will of the other person. Any act of a sexual nature, including inappropriate touches and physical harm, is considered sexual assault. However, lawyers inform sexual abuse charges may apply even without the involvement of violence. Imagine coercing an intoxicated individual through psychological pressure. If you want to avoid any of the sexual assault charges, you must seek consent from the other person before getting into any sexual activity. Otherwise, you can be in hot water. The alleged victim can report the crime to the police. Sometimes, victims just report the case but don’t opt for an investigation. In that case, an accused doesn’t face any charges.
However, things change if the investigation is done. You and other witnesses will be interviewed. How do you manage it? It’s best not to attend it. However, these decisions can be easy to make when you have a legal advisor. In Brampton, police can decide to press the charges. Before this, they must request the Crown to examine the findings of their reports and seek approval to proceed with the charges. You can be arrested if the victim is also ready and the case seems strong.
The following steps in sexual assault cases
You are informed about your rights during the arrest and brought to the police station for formal proceedings. You will be asked questions, but it’s better not to say anything and call your defence lawyer in Brampton. Generally, an accused is detained or required to wait for their bail hearing in these cases. A bail hearing can occur within 24 hours or sooner, depending on the time and day. During the hearing, your lawyer will ensure you are released. For this, they make a proper bail plan, including sureties. You must fulfill those conditions, or a hefty fine will be imposed.
Later, Crown pretrial hearings occur. At this time, your lawyer will try to settle the case in your favour or reduce the charges. Then, there will be a judicial pretrial hearing, where the judge will talk to the defence and the prosecutor about a pretrial settlement. If the matter goes to the courtroom, you can select a mode of trial, such as a Superior Court judge, a provincial court judge, etc. How do you decide on this? Your lawyer will guide you to the best outcome.
Remember, you’re not guilty until the prosecution establishes your involvement in the crime beyond a reasonable doubt. The other party must have enough evidence to support their claims. Often, these cases are lost because of the absence of circumstantial evidence. A reputable lawyer can challenge the integrity of witnesses and testimonies, taking advantage of these opportunities.
Sexual assault cases can last anywhere from a few months to over a year. With reliable legal support, you can keep patience. Also, they can protect you if you have been wrongly framed.
