Certified Sexual
Offence Lawyer In Edmonton
To put it in simple words, an assault aimed at a specific sexual purpose is termed sexual assault. There is no crime of “rape” in Canada. The offence is sexual assault, and it includes everything from unwanted touching allegations, to penetration, kissing, and fondling.
In such circumstances, you need an experienced criminal defence lawyer in dealing with Sexual Offences to take your case and seek every legal way to get you out of it. To benefit from the services of a prolific and experienced defence lawyer in Edmonton, contact Mr. Royer today.
Different Types Of Sexual Assault Allegations
Sexual assault does not mean you can be accused of just one type of activity. If you are facing sexual assault charges then Mr. Royer with his vast court experience is the best choice you have as a sexual assault defence lawyer.
When someone is accused of sexual assault; they can face three types of charges. Including;
The Criminal Code Of Canada (section 271 and section 272) defines sexual assault in three different categories.
- Level 1: sexual assault with a weapon
- Level 2: causing bodily harm or threats to a third party
- Level 3: aggravated sexual assault
Who Bears The Burden?
In Canada, the prosecutor bears the burden to prove the non-consent beyond all reasonable doubt.
What Is Consent In Canada?
In the criminal code of conduct (section 273) a person cannot give consent for sexual activity under the heavy influence of alcohol or drugs or is unconscious or asleep. Therefore, it is essential to make sure that the other person is consenting in the right state of mind before engaging in any sexual activity. .
How Can A Criminal Defence Process Be Carried Forward?
If there is proof beyond a reasonable doubt that there was no consent there may still be a reason to believe that the accused had an honest but mistaken belief in consent. It is not sufficient to simply declare that the Court “believes” as portrayed in media. Issues arise where an accused is in a position to testify because the court will be left in reasonable doubt unless the accused is disbelieved.
However, even if the accused is disbelieved the Court may still be left in a reasonable doubt on the evidence of the accused that they accept. Finally, even if the accused is entirely disbelieved, and the Court accepts none of the accused person's evidence the Court may still be left in a reasonable doubt on the evidence they accept. Hence, a sexual assault defence lawyer can be a great source to get out of or lessen the penalties if you are charged with sexual assault.
Contact Mr. Royer For One Of The Best Sexual Assault Defence Services
Mr. Royer has successfully defended numerous accused charged with sexual assault. The ability to successfully attack the credibility of Crown witnesses and create a reasonable doubt in the case for the prosecution is an important aspect of successfully defending those charged with sexual assault. A successful cross-examination of the complainant will often create a reasonable doubt, based on Mr. Royer’s experience.