Using Text Messages and Social Media to Defend Your Sexual Assault Case

Text Messages and Social Media in Sexual Assault Cases

It is important to understand that both social media posts and text messages can be used as evidence in cases involving sexual assault.

Many sexual assault cases lack documentary evidence and depend wholly on verbal statements made by the relevant parties. A sexual assault case may be associated with electronic communications that can help defendants protect their legal rights.

The following types of communication are relevant to sexual assault cases:

  • Telephone calls
  • Social media posts on Facebook, Instagram, and other social media platforms
  • Social media videos posted on other social media platforms
  • E-mails sent between parties that relate to the facts of the case
  • WhatsApp messages
  • Text messages

Social media posts are public information. Parties may also have engaged in private communications regarding their alleged activities. The Crown must obtain these private communications through the legal process and have them admitted to court.

Using Text Messages and Social Media as Defence

If you are facing charges of sexual assault, you may want to know if you can use social media posts and text messages to strengthen your defence. All text messages and social media posts can be used to construct part of your case strategy. Photographs, online communications, and videos may benefit your arguments and help you discredit the complainant’s statements.

A series of text messages may explicitly state that you and the complainant engaged in consensual sexual activity. Social media posts may also suggest that the complainant is not presenting a full picture of the facts related to their allegations.

You need to make sure that you understand which social media posts were posted on which dates. Reviewing these social media posts and text messages with your criminal defence lawyer can help you determine how to present this evidence to the court.

The complainant may also appear unreliable or untrustworthy in the context of the social media posts and text messages presented by your criminal defence lawyer. Telephone records may also be used to present facts regarding how the complainant may have wanted to fabricate facts regarding a sexual assault that did not in fact occur.

The complainant may have also wanted to use the legal system to cause you stress, anxiety, and emotional pain. Social media posts and text messages can be used to portray the complainant as a manipulative and vindictive person who never suffered any type of sexual assault.

Can I Get Convicted from Text Messages?

The best thing to do if you are dealing with charges regarding sexual harassment or sexual violence is to not post anything on social media. Also, it is best to refrain from sending text messages related to your criminal case. You may want to send angry text messages to individuals involved in your case, but it is best to think about how any text message or social media post could potentially be used against you in a sexual assault or sexual harassment case.

It is best to analyze any text messages you sent in the past in the context of the charges presented against you. A skilled criminal defence lawyer can help you focus on how to use the text messages you posted to strengthen your case.

Do not believe that your case is over if you posted social media posts before you retained a criminal defence lawyer. All evidence must be considered in a larger context, and a criminal defence lawyer can help present potentially damaging evidence in a more positive light.

Vilkhov Law fights for the legal rights of criminal defendants in Toronto and the surrounding area. We provide our clients with excellent legal representation, and we do everything in our power to fight for you.

Contact Vilkhov Law today to schedule a free consultation during which we can discuss the facts of your case. If you are accused of a sexual assault offence in Canada, we are here for you to make sure you have an experienced defence lawyer by your side.

By |2023-02-27T18:40:27+00:00February 27th, 2023|Sexual Assault|
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario

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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.

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