What to do if you have been charged with sexual assault

By LegalMatters Staff • A sexual assault charge can be laid with relatively little evidence, based solely on the allegations of one person. Those convicted will often be given a significant jail sentence.

“The Supreme Court of Canada had determined that sexual assault does not depend solely on contact with any specific part of the human anatomy but rather the act of a sexual nature that violates the sexual integrity of the victim,” says Calgary criminal lawyer Matthew Deshaye.

He explains sexual assault ranges from unwanted kissing and fondling to intercourse.

“It can also include situations where consent was given under false pretenses or threats,” says Deshaye. “The nature of conduct which can result in a charge of sexual assault is extremely broad and can include anything from brief over-the-clothes contact to penetrative and violent sexual assaults.”

Those being investigated for sexual assault should speak to a criminal lawyer before speaking to police, he advises.

“It is important to consult with a criminal defence lawyer at the earliest opportunity,” says Deshaye. “A lawyer can advise people on the types of questions which will be asked, the interrogation strategies of the police, and the appropriate responses to give.”

He says it is a common misconception that providing a statement to police and explaining your side of the story will clear your name or prevent charges from being laid.

“In almost all circumstances, if police have enough evidence to proceed with a charge of a sexual nature, a statement from you will not prevent the charge(s) from being laid,” says Deshaye. “Rather, this statement may be used to incriminate you at trial or may be used to undermine your testimony at trial.”