What are common defences against sexual assault charges in Toronto?

There are a few common defences against sexual assault charges in Canada that are typically used in most situations. All of these defences are most effective when they are backed up by witness testimony, or other hard facts that can prove that the charges are false or incorrectly levelled at the wrong person.

When the case comes down to the two parties providing statements against one another, it can be hard for a judge to get an accurate picture of the events of the sexual assault trials.

1. Error of Identity

The identity of the person accused that committed the sexual assault must be correct. Forensic tools might have to be used in order to establish the identity of the person who committed the crime. This can be one of the areas where it is easiest to disprove false charges against someone. DNA and fingerprints can tell the real story and help to identify the attacker, instead of someone incorrectly charged with sexual assault.

2. The Sexual Act Did Not Take Place

The accused person can claim that there was no other sexual intercourse or activity that took place between the parties. This can be a tough road to travel down, as this can become a case of one person’s words against another. Credibility battles are often hard to resolve, but interviews related to the facts of the event, as well as proof from DNA and other hard facts, can help to support this defence.

3. There Was Consent

This is almost always the central factor that demands attention in a sexual assault case. The entire premise of a serious sexual assault trial is that there was no consent provided for the sexual act. If there was consent given prior to the sexual act, then this is not a case of sexual assault. This defence can again lead to a credibility battle between the two parties.

This can also be a complex argument to make due to the circumstances associated with the situation. If the person involved was too intoxicated to consent, or if the complainant does not have the mental capacity to consent, then this is not a valid defence. In cases where the complainant is under the age of 16 or withdrew their consent during the act, this also invalidates the argument that there was consent.

4. There Was an Honest Mistaken Belief That Consent Was Given

Another defence that can be used for this kind of situation is the statement that the accused did not know that there was no consent for the sexual act. This is a hard case to make for most sexual assault cases, but there are instances where the circumstances surrounding the behaviour of the complainant can lead to mistaken consent.

By Igor Vilkhov|2023-03-02T16:17:12+00:00June 14th, 2022|Frequently asked questions|

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TESTIMONIALS

Thanks Igor for all your help throughout my criminal process. I have never been charged before and I think Igor really helped ease my nerves through the entire process. When I was initially charged I called a couple of other firms but I ended up retaining Igor because when we spoke on the phone he spent a lot of time to explain what I was charged with and what it all means, I felt the most comfortable when talking to him. As my case progressed, he really took the time to explain my options and the probability of each one, so I really appreciated that and I felt less confused with all the various legal proceedings.

My son was charged with DUI and I hired Igor to represent his matter. Overall, my experience with Igor was great and my son felt really comfortable working with Igor as well. As a parent, I was really concerned about the entire process and even though my son is considered an adult, I was extremely involved the entire time. I really liked that Igor respected my concerns as a worried parent and always ensured any meetings or conversations were held with me present as much as possible, if I wasn’t available to attend a meeting and only him and my son were able to meet, Igor would reach out to update me. I would most definitely recommend Igor to others.

He is caring, honest, and highly knowledgeable in his field. I was charged with domestic assault a few months ago, I was initially with another lawyer but got fed up with the unresponsiveness (didn’t answer my calls or emails), I decided to look for someone else. Igor came highly recommended from a friend and I’m glad I went with him. He knows his stuff and fought hard for my case. Compared to other lawyers I’ve dealt with, day and night.

I cannot recommend Igor Vilkhov enough. I was charged with possession and trafficking, I was going through a tough time in my life at the time and I am glad I was able to find a lawyer who is genuinely passionate about what he does. I was kept consistently updated throughout the entire process and I couldn’t believe the positive outcome. While reviewing my case, he located a significant error on the part of the police. I can honestly say that his work is meticulous and his ability to negotiate is something else. If you are looking for a quality criminal defence lawyer, I can’t say enough good things about Igor.