What are ten facts that you need to know regarding sexual assault charges in Kitchener? In the following section we will address these important facts while offering insight into sexual assault charges in general.
1) If you are charged with a sexual assault in Kitchener what should you do? The first step is to hire a criminal lawyers Kitchener who specializes in sexual assault cases. The next step will be for the lawyer to gather the disclosure file with all the evidence (i.e. police reports, witness statements, DNA evidence and so on) from the Crown attorney. Once the disclosure file is reviewed the criminal lawyer may be able to predict the likelihood of a successful defense.
2) How long of a wait will the trial date be? A typical sexual assault case in Kitchener will result in a 6-12+ month wait for the trial to commence after the trial date is set. Despite the long wait there is a benefit that arises. The criminal defense lawyer will have ample amount of time to prepare a robust defense for your sexual assault charge.
3) Can an individual consent if they are intoxicated? The Criminal Code states that consent is a voluntary agreement to engage in sexual conduct, however previous case law has led to the fact that even an intoxicated individual can consent depending on their level of intoxication.
4) What sanctions will a defendant face under a guilty verdict for sexual assault? It all depends on the facts of the case, the trial itself and many other variables. A minor sexual assault charge may not lead to jail time, however most sexual assault cases that are major, lead to jail time (i.e. a couple of months to many years).
5) Can an individual facing a sexual assault charge keep their name out of the news media? Despite the option to exercise a publication ban (i.e. only preventing the media from publicising case evidence) there are no provisions that prevent the news media from releasing your name to the public.
6) Mistakenly believing that consent existed before the sexual conduct, is this a valid defense? The answer is yes; however, it must be established that this perceived consent was done through words or actions by the victim.
7) Is being too drunk a valid defense for a sexual assault charge? After much debate parliament established a law that removes this claim as a defense. Although, insane automatism still remains a valid defense for other criminal acts such as murder.
8) If I am cross-examined in trial what should I do? It is very important to remain calm and breath. The Crown attorney may ask confusing or tricky questions, however it is important to state your response in a clear and concise manner.
9) After a sexual assault charge, the victim may make a victim impact statement, what type of statement is this? This victim impact statement will focus on how an alleged sexual assault impacted their life, financial situation or any other factors.
10) Is the sexual assault trial open to the public? Typically, the public is allowed to attend a sexual assault trial in Kitchener. On some occasions however, the judge may decide to exclude the public or certain individuals from entering the trial. If you are faced with a sexual assault charge then it is very important that you acknowledge the previously stated facts to ensure that you are well aware of the proceedings and the preparation involved.